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HomeMy WebLinkAbout2021-06-15 - Agendas - ArchiveCouncil Member Sonia Gutierrez Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 1. 2. Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting June 15, 2021 A meeting of the Fayetteville City Council was held on June 15, 2021 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Agenda Additions 2021-0458 Corona Virus State Fiscal Recovery Fund Agreement: A resolution to authorize Chief Finance Officer Paul Becker to sign a Corona Virus State Fiscal Recovery Fund Agreement which will allow the City of Fayetteville to request federal funds pursuant to Recovery Fund Legislation PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 171-21 Nominating Committee Report APPROVED A. Consent: 1. Approval of the June 1, 2021 City Council meeting minutes. APPROVED 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov 2. 2021-0427 Purchase of Petroleum -Based Oils and Lubricants: A resolution to approve the purchase of Petroleum -Based Oils and Lubricants on an as -needed basis from various vendors and in various quantities through the end of 2025. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 172-21 3. 2021-0419 U.S. Geological Survey: A resolution to approve a Joint Funding Agreement with the U.S. Geological Survey for Stream Gauge Operation and Maintenance and water quality sampling and monitoring at various locations in the City of Fayetteville in 2021 with the amount paid by the city not to exceed $61,721.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 173-21 4. 2021-0429 Northwest Arkansas Regional Planning Commission: A resolution to express the willingness of the City of Fayetteville to apply for Federal Aid Funds through the Northwest Arkansas Regional Planning Commission in the amount of $6,000,000.00 for two road improvement projects, and to approve a city match of $1,500,000.00 for the projects. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 174-21 5. 2021-0432 Flintco, LLC Change Order No. 4: A resolution to approve Change Order No. 4 to the Construction Manager at risk contract with Flintco, LLC for the Police Headquarters Project in the amount of $8,654,440.00, and to approve a budget adjustment - 2019 Police Headquarters Bond Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 175-21 6. 2021-0431 Parks and Recreation Donation Revenue: A resolution to approve a budget adjustment in the total amount of $14,891.00 recognizing donation revenue from citizens and local businesses to the Parks and Recreation Department. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 176-21 B. Unfinished Business: 1. 2021-0392 Amend Stormwater Regulations: An ordinance to amend various chapters of the Unified Development Code to update stormwater regulations for developments in Fayetteville. This ordinance was left on the Second Reading at the June 1, 2021 City Council Meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6446 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov C. New Business: 1. 2021-0420 Enact §94.06 Third Party Inspection and Reports System Fire Protection and Prevention Ordinance: An ordinance to enact §94.06 Third Party Inspection and Reports System Fire Protection and Prevention Ordinance Concerning Third -Party Protection and Control, Inspection, Testing, and Maintenance Reporting of The Fayetteville Code. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6447 2. 2021-0425 RZN-2021-041 (431 E. MLK Blvd./Espinoza): An ordinance to rezone that property described in Rezoning Petition RZN 21-041 located at 431 East Martin Luther King Junior Boulevard for approximately 0.20 acres from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6448 3. 2021-0426 RZN-2021-042 (1000 W. Bulldog Blvd./FHS Properties): An ordinance to rezone that property described in Rezoning Petition RZN 21-042 for approximately 22.80 acres located at 1000 West Bulldog Boulevard from RMF-24, Residential Multi Family, 24 units per acre; RMF-40, Residential Multi Family, 40 units per acre; and P-1, Institutional to P-1, Institutional. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6449 4. 2021-0424 Appeal RZN 2020-028 (East of W. Michael Cole Dr & W. Wedington Dr./Kidder): An ordinance to rezone that property described in Rezoning Petition RZN 21-028 for approximately 5.1 acres located on West Wedington Drive East of Michael Cole Drive from R-A, Residential Agricultural to RI-U, Residential Intermediate -Urban and NS-1, Neighborhood Services - Limited. THIS ITEM WAS LEFT ON A FIRST READING Announcements: City Council Agenda Session Presentations: Adjournment: 7:02 PM 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting: June 15, 2021 Subject: AMEND STORMWATER REGULATIONS: 2021-0392 Motion To: h ofoo- Motion By: „r fe _--v Ill f Seconded: -� S C 1 V Jones (W1P2) / V j Unfinished Business Kinion (W2P1) V / ✓ B. 1 Petty (W2P2) 11 �_, C'n V ���� a 1 Scroggin (W3P1) Bunch (W3P2) LI j Turk (W4P1) / Hertzberg (W4P2) V Gutierrez (W1P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Mayor Jordan City Council Meeting: June 15, 2021 Subject: ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE: 2021-0420 Motion To:Aoocooe,- Motion By: Seconded: m--s— Jones New (W1P2) Kinion Business (W2P1) CA Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg / (W4P2) Gutierrez (W1P1) Mayor Jordan --� - ---�-- _� Subject: Motion To: Motion By: Seconded: Jones (W 1 P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (WIP1) Mayor Jordan City Council Meeting: June 15, 2021 Subject: RZN-2021-041 (431 E. MLK BLVD./ESPINOZA): 2021-0425 Motion To: /i 1 11 i Motion By: Seconded: New Jones (W 1 P2) � "J V Business Kinion (W2P1) Petty 1 - Scroggin (W3P1) Bunch (W3P2) VV Turk (W4P1) / v/ / V Hertzberg (W4P2) Gutierrez (W1P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Mayor Jordan City Council Meeting: June 15, 2021 Subject: RZN-2021-042 (1000 W. BULLDOG BLVD./FHS PROPERTIES): 2021-0426 Motion To: Motion By: COY-), ►�1 Seconded: 14� 1-'.`�— Jones New (W 1 P2) Kinion ✓ Business (W2P1) v C.3 Petty (W2P2) �iti '�' ,,,, II ^^ (�11�J��� 1,, J� Scroggin (W3P1) f Bunch (W3P2) / V bTurk (W4P1) V � Hertzberg (W4P2) / �/ / V Gutierrez (W1P1) Mayor Jordan--®-- `7 -O /) -- C] 1-1- 61 Subject: Motion To: Motion By: Seconded: Jones (W 1 P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Mayor Jordan City Council Meeting: June 15, 2021 APPEAL RZN 2020-028 (EAST OF W. MICHAEL COLE DR & W. Subject: WEDINGTON DR./KIDDER): 2021-0424 Motion To: Motion By: \ Seconded: \ Jones New (W 1 P2) Kinion Business (W2P1) Petty (W2P2) �'^ �Cj e r)- . CA Scroggin (W3P1) Bunch J 44 (W3P2) �� Turk 1� `(� (W4P1 ) Hertzberg fit(^fig ` (W4P2) Gutierrez (W1P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Jones (W 1 P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Mayor Jordan C',+Vr'n,...'J �)(a4pnr]Zk City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 AL City Council Tentative Agenda Tuesday, June 8, 2021 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward 1 Council Member D'Andre Jones Ward 1 Council Member Mark Kinion Ward 2 Council Member Matthew Petry Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Agenda Session Tentative Agenda /zoom Information: https://zoom.us/webinar/register/WN—mxLTaKbNQuSYS_E90pATJA Webinar ID: 997 6192 2914 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions ✓City Council Meeting Presentations, Reports and Discussion Items: 1. 2021-0219 NOMINATING COMMITTEE REPORT Agenda Additions A. Consent: A.1 2020-0878 APPROVAL OF THE JUNE 1, 2021 CITY COUNCIL MEETING MINUTES �.2 2021-0427 PURCHASE OF PETROLEUM -BASED OILS AND LUBRICANTS: A RESOLUTION TO APPROVE THE PURCHASE OF PETROLEUM -BASED OILS AND LUBRICANTS ON AN AS -NEEDED BASIS FROM VARIOUS VENDORS AND IN VARIOUS QUANTITIES THROUGH THE END OF 2025 June 8, 2021 City of Fayetteville, Arkansas Page 2 Printed on 6/4/2021 City Council Agenda Session Tentative Agenda June 8, 2021 f A.3 2021-0419 U.S. GEOLOGICAL SURVEY: A RESOLUTION TO APPROVE A JOINT FUNDING AGREEMENT WITH THE U.S. GEOLOGICAL SURVEY FOR STREAM GAUGE OPERATION AND MAINTENANCE AND WATER QUALITY SAMPLING AND MONITORING AT VARIOUS LOCATIONS IN THE CITY OF FAYETTEVILLE IN 2021 WITH THE AMOUNT PAID BY THE CITY NOT TO EXCEED $61,721.00 !'A.4 2021-0429 NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR FEDERAL AID FUNDS THROUGH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $6,000,000.00 FOR TWO ROAD IMPROVEMENT PROJECTS, AND TO APPROVE A CITY MATCH OF $1,500,000.00 FOR THE PROJECTS A.5 2021-0432 FLINTCO, LLC CHANGE ORDER NO. 4: A RESOLUTION TO APPROVE CHANGE ORDER NO. 4 TO THE CONSTRUCTION MANAGER AT RISK CONTRACT WITH FLINTCO, LLC FOR THE POLICE HEADQUARTERS PROJECT IN THE AMOUNT OF $8,654,440.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 POLICE HEADQUARTERS BOND PROJECT JA.6 2021-0431 PARKS AND RECREATION DONATION REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $14,891.00 RECOGNIZING DONATION REVENUE FROM CITIZENS AND LOCAL BUSINESSES TO THE PARKS AND RECREATION DEPARTMENT B. Unfinished Business: City of Fayetteville, Arkansas Page 3 Printed on 61412021 City Council Agenda Session Tentative Agenda BA 2021-0392 Ac ed' J"\'o Im10 �CoF"l C ► ! �j 'E` �'' AMEND STORMWATER REGULATIONS: AN ORDINANCE TO AMEND VARIOUS CHAPTERS OF THE UNIFIED DEVELOPMENT CODE TO UPDATE STORMWATER REGULATIONS FOR DEVELOPMENTS IN FAYETTEVILLE At the June 1, 2021 City Council meeting this ordinance was left on the Second Reading. C. New Business: ✓C.1 2021-0420 ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE: AN ORDINANCE TO ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE CONCERNING THIRD -PARTY PROTECTION AND CONTROL, INSPECTION, TESTING, AND MAINTENANCE REPORTING OF THE FAYETTEVILLE CODE ic-2 2021-0425 RZN-2021-041 (431 E. MLK BLVD./ESPINOZA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-041 LOCATED AT 431 EAST MARTIN LUTHER KING JUNIOR BOULEVARD FOR APPROXIMATELY 0.20 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN June 8, 2021 City of Fayetteville, Arkansas Page 4 Printed on 6/4/2021 City Council Agenda Session Tentative Agenda June 8, 2021 �: C.3 2021-0426 RZN-2021-042 (1000 W. BULLDOG BLVD./FHS PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-042 FOR APPROXIMATELY 22.80 ACRES LOCATED AT 1000 WEST BULLDOG BOULEVARD FROM RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE; RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE; AND P-1, INSTITUTIONAL TO P-1, INSTITUTIONAL 4' CA 2021-0424 APPEAL RZN 2020-028 (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-028 FOR APPROXIMATELY 5.1 ACRES LOCATED ON WEST WEDINGTON DRIVE EAST OF MICHAEL COLE DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN AND NS-L, NEIGHBORHOOD SERVICES -LIMITED D. City Council Agenda Session Presentations: f D.1 2021-0292 AGENDA SESSION PRESENTATION - AUDIT COMMITTEE PRESENTATION OF THE 2020 FINANCIAL AUDIT /D.2 2021-0430 AGENDA SESSION PRESENTATION - FLEET OPERATIONS D.3 2021-0277 AGENDA SESSION PRESENTATION - 2020 ENERGY ACTION PLAN UPDATE E. City Council Tour: F. Announcements: City of Fayetteville, Arkansas Page 5 Printed on 61W2021 City Council Agenda Session Tentative Agenda G. Adjournment June 8, 2021 City of Fayetteville, Arkansas Page 6 Printed on 614/2021 N City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, June 8, 2021 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward I Council Member D'Andre Jones Ward I Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scro„ Air Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Agenda Session Tentative Agenda June 8, 2021 Zoom Information: Call To Order Roll Call ,✓Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions \/ City Council Meeting Presentations, Reports and Discussion Items: ,/ 1. 2021-0219 NOMINATING COMMITTEE REPORT Agenda Additions A. Consent: ✓ A.1 2020-0878 I APPROVAL OF THE JUNE 1, 2021 CITY COUNCIL MEETING MINUTES J ' A.2 2021-0427 PURCHASE OF PETROLEUM -BASED OILS AND LUBRICANTS: A RESOLUTION TO APPROVE THE PURCHASE OF PETROLEUM -BASED OILS AND LUBRICANTS ON AN AS -NEEDED BASIS FROM VARIOUS VENDORS AND IN VARIOUS QUANTITIES THROUGH THE END OF 2025 Sara Glenn City of Fayetteville, Arkansas Page 2 Printed on 61112021 City Council Agenda Session Tentative Agenda June 8, 2021 ,/A.3 2021-0419 U.S. GEOLOGICAL SURVEY: A RESOLUTION TO APPROVE A JOINT FUNDING AGREEMENT WITH THE U.S. GEOLOGICAL SURVEY FOR STREAM GAUGE OPERATION AND MAINTENANCE AND WATER QUALITY SAMPLING AND MONITORING AT VARIOUS LOCATIONS IN THE CITY OF FAYETTEVILLE IN 2021 WITH THE AMOUNT PAID BY THE CITY NOT TO EXCEED $61,721.00 .Chris Brown �AA 2021-0429 CNORWEST NSAS REGIONAL PLANNING COMMISSION: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR FEDERAL AID FUNDS THROUGH THE NORWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $6,000,000.00 FOR TWO ROAD IMPROVEMENT PROJECTS, AND TO APPROVE A CITY MATCH OF $1,500,000.00 FOR THE PROJECTS Chris Brown A.5 2021-0432 FLINTCO, LLC CHANGE ORDER NO. 4: A RESOLUTION TO APPROVE CHANGE ORDER NO. 4 TO THE CONSTRUCTION MANAGER AT RISK CONTRACT WITH FLINTCO, LLC FOR THE POLICE HEADQUARTERS PROJECT IN THE AMOUNT OF $8,654,440.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 POLICE HEADQUARTERS BOND PROJECT Wade Abernathy Add ga"�' j L B. Unfinished Business: City of Fayetteville, Arkansas Page 3 Printed on 61112021 City Council Agenda Session Tentative Agenda June 8, 2021 BA 2021-0392 Alan Pugh AMEND STORMWATER REGULATIONS: AN ORDINANCE TO AMEND VARIOUS CHAPTERS OF THE UNIFIED DEVELOPMENT CODE TO UPDATE STORMWATER REGULATIONS FOR DEVELOPMENTS IN FAYETTEVILLE At the June 1, 2021 City Council meeting this ordinance was left on the Second Reading. C. New Business: C.1 2021-0420 ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE: AN ORDINANCE TO ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE CONCERNING THIRD -PARTY PROTECTION AND CONTROL, INSPECTION, TESTING, AND MAINTENANCE REPORTING OF THE FAYETTEVILLE CODE Brad Hardin C.2 2021-0424 /V `O t)-e ' -C/ APPEAL RZN 2020-028 (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-028 FOR APPROXIMATELY 5.1 ACRES LOCATED ON WEST WEDINGTON DRIVE EAST OF MICHAEL COLE DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN AND NS-L, NEIGHBORHOOD SERVICES -LIMITED Jonathan Curth City of Fayetteville, Arkansas Page 4 Printed on 61112021 r City Council Agenda Session r J p 2021-0425 C►� Tentative Agenda RZN-2021-041 (431 E. MLK BLVD./ESPINOZA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-041 LOCATED AT 431 EAST MARTIN LUTHER KING JUNIOR BOULEVARD FOR APPROXIMATELY 0.20 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN Jonathan Curth 2021-0426 RZN-2021-042 (1000 W. BULLDOG BLVD./FHS PROPERTIES): June 8, 2021 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-042 FOR APPROXIMATELY 22.80 ACRES LOCATED AT 1000 WEST BULLDOG BOULEVARD FROM RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE; RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE; AND P-1, INSTITUTIONAL TO P-1, INSTITUTIONAL Jonathan Curth C ` 9,09- aye L� D. City Council Agenda Session Presentations: J D.1 2021-0292 AGENDA SESSION PRESENTATION - AUDIT COMMITTEE PRESENTATION OF THE 2020 FINANCIAL AUDIT Steven Dotson /D-2 2021-0430 AGENDA SESSION PRESENTATION - FLEET OPERATIONS Sara Glenn V D.3 2021-0277 AGENDA SESSION PRESENTATION - 2020 ENERGY ACTION PLAN UPDATE Peter Nierengarten City of Fayetteville, Arkansas Page 5 Printed on 611/2021 City Council Agenda Session Tentative Agenda June 8, 2021 E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 6 Printed on 61112021 DEPARTMENTAL CORRESPONDENCE j_ OFPICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Jordan Assistant City Attorney Jodi Batker THRU: Kara Paxton, City Clerk Pnadegal FROM: Kit Williams, City Attorney DATE: June 16, 2021 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of June 15, 2021 1. A RESOLUTION TO AUTHORIZE CHIEF FINANCE OFFICER PAUL BECKER TO SIGN A CORONA VIRUS STATE FISCAL RECOVERY FUND AGREEMENT WHICH WILL ALLOW THE CITY OF FAYETTEVILLE TO REQUEST FEDERAL FUNDS PURSUANT TO RECOVERY FUND LEGISLATION 2. A RESOLUTION TO APPROVE THE PURCHASE OF PETROLEUM -BASED OILS AND LUBRICANTS ON AN AS -NEEDED BASIS FROM VARIOUS VENDORS AND IN VARIOUS QUANTITIES THROUGH THE END OF 2025 3. A RESOLUTION TO APPROVE A JOINT FUNDING AGREEMENT WITH THE U.S. GEOLOGICAL SURVEY FOR STREAM GAUGE OPERATION AND MAINTENANCE AND WATER QUALITY SAMPLING AND MONITORING AT VARIOUS LOCATIONS IN THE CITY OF FAYETTEVILLE IN 2021 WITH THE AMOUNT PAID BY THE CITY NOT TO EXCEED $61,721.00 4. A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR FEDERAL AID FUNDS THROUGH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $6,000,000.00 FOR TWO ROAD IMPROVEMENT PROJECTS, AND TO APPROVE A CITY MATCH OF $1,500,000.00 FOR THE PROJECTS 5. A RESOLUTION TO APPROVE CHANGE ORDER NO.4 TO THE CONSTRUCTION MANAGER AT RISK CONTRACT WITH FLINTCO, LLC FOR THE POLICE HEADQUARTERS PROJECT IN THE AMOUNT OF $8,654,440.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 POLICE HEADQUARTERS BOND PROJECT 6. A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $14,891.00 RECOGNIZING DONATION REVENUE FROM CITIZENS AND LOCAL BUSINESSES TO THE PARKS AND RECREATION DEPARTMENT 7. AN ORDINANCE TO AMEND VARIOUS CHAPTERS OF THE UNIFIED DEVELOPMENT CODE TO UPDATE STORMWATER REGULATIONS FOR DEVELOPMENTS IN FAYETTEVILLE 8. AN ORDINANCE TO ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE CONCERNING THIRD -PARTY PROTECTION AND CONTROL, INSPECTION, TESTING, AND MAINTENANCE REPORTING OF THE FAYETTEVILLE CODE 9. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-041 LOCATED AT 431 EAST MARTIN LUTHER KING JUNIOR BOULEVARD FOR APPROXIMATELY 0.20 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN 10. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-042 FOR APPROXIMATELY 22.80 ACRES LOCATED AT 1000 WEST BULLDOG BOULEVARD FROM RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE; RMF40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE; AND P-1, INSTITUTIONAL TO P-1, INSTITUTIONAL 7 8 9 10 11 12 13 14 1.5 15 17 18 19 20 22 23 24 25 26 27 29 23 30 31 32 1. 2021-0219 NOMINATING COMMITTEE REPORT L& zj Agenda Additions: 1. 2021-0458" l~/1��� �j.35 CORONA VIRUS STATE FISCAL RECOVERY FUND AGREEMENT: A• Consent A•1 A.2 2020-0878 4 j 2021-0427J`�-e� APPROVAL OF THE JUNE 1, 2021 CITY COUNCIL MEETING MINUTES PURCHASE OF PETROLEUM A.3 2021-0419,I f 3 -BASED OILS AND LUBRICANTS: U.S. GEOLOGICAL SURVEY: A.4 2021-0429 ' bJ ,-al NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION: A.5 2021-0432 ��� FLINTCO, LLC CHANGE ORDER NO. 4: A.6 2021-0431 PARKS AND RECREATION DONATION REVENUE: B. B.1 2021-0392,k-111,'b 5� Gj Unfinished Business AMEND STORMWATER REGULATIONS: C. New Business CA 2021-0420jt, � b { ENACT 594.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION .AND C.2 O 2021-0425 Jb[ Lfq b" RZN-2021-041 (431 E. MILK BLVD./ESPINOZA): CA U 2021-0426 � �t[{G� b � �� RZN-2021-042 (1000 W. BULLDOG BLVD.IFHS PROPERTIES): C.4 2021-0424 ` tl f `- APPEAL RZN 2020-028 (EAST OF W. MICHAEL COLE DR of W, WEDINGTON DR./KIDDER): D. l 1' c, - City Council Agenda Session Presentations DA 2021-0292 -----AGENDA SESSION PRESENTATION -AUDIT COMMITTEE PRESENTATION OF THE 2020 D.2 2021-0430 .�� AGENDA SESSION PRESENTATION - FLEET OPERATIONS DA 2021-0277 f�� � AGENDA SESSION PRESENTATION - 2020 ENERGY ACTION PLAN UPDATE E. - - ~- City Council Tour F. Announcements G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may appear and address the City Council on Unfinished City Council Meeting: June 15, 2021 Adjourn: 171-21 Res. 16446 Ord. Subject: Roll Jones (W1P2) Kinion (W2P1) Petty (W2P2) �QGj�Vt. Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg / (W4P2) ✓ Gutierrez (W1P1) Mayor Jordan / Subject: NOMINATING COMMITTEE REPORT Motion To: Motion By: a y� Seconded: rA i r\ Jones (W1P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) / V Bunch (W3P2) Turk (W4P1) Nfrr-� (W4P1) Gutierrez (W1P1) Mayor Jordan City Council Meeting: June 15, 2021 Subject: Consent Motion To: r 9 Motion By: Seconded: 5 A. 1 - A. 6 Jones W 1 P2 Kinion (W2P1) Petty (W2P2) CA �. �at { }fir" Scroggin (W3P1) Bunch (W3P2) 1 Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) ✓ Mayor Jordan Subject: Motion To: Motion By: •.j ,� Seconded: l r - Jones `' J f (W 1 P2) WP (2IWP) Petty (W2P2) Scroggin (W3P1) Bunch ✓ (W3P2) ,v/ Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Mayor Jordan /--) — o "? —(7 City Council Meeting: June 15, 2021 Subject: AMEND STORMWATER REGULATIONS: 021-0392 Motion To: �CCfLC Motion By: �� _-�IA r I!1 Seconded: S C L- Jones (W1P2) ✓ ` ✓ f Unfinished Kinion (W2P1) / ✓ Business B.1 Petty (W2P2) b���� r�%� osj%+- W3PI in (W3P1) Bunch (W3P2) b l Turk (W4P1) �Z Hertzberg (W4P2) Gutierrez (W1P1) � / ✓ Mayor Jordan Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Mayor Jordan City Council Meeting: June 15, 2021 Subject: ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE: 2021-0420 Motion To: ft t4c,,,4 to co(ffl— Motion By: -A `-- � Seconded: (, ` J ( �1 Pic --�`- Jones New (W 1 P2) Kinion Business (W2P1) CA Petty (W2P2) I�, 11 �J -e II^^/ �,J 7-p n,-i— Scroggin (W3P1) Bunch (W3P2) Turk / / (W4P1) V/ V/ \/ Hertzberg (W4P2) iz Gutierrez (W1P1) �% ` Mayor Jordan --------- 7,0 '-;?-o rl -6) Subject: Motion To: Motion By: Seconded: Jones (W 1 P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Mayor Jordan City Council Meeting: June 15, 2021 Subject: RZN-2021-041 (431 E. MLK BLVD./ESPINOZA): 2021-0425 Motion To: Y� � a G/ � f Motion By: Seconded: nma i YA P� Jones (W 1 P2) / >// New Business Kinion (W2P1) C.2 Petty (W2P2) Scroggin (W3P1) 4qBunch (W3P2) Turk (W4P1) Hertzberg (W4P2) � / J Gutierrez / (W1P1) Mayor Jordan ----------�_ Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Mayor Jordan City Council Meeting: June 15, 2021 Subject: RZN-2021-042 (1000 W. BULLDOG BLVDAHS PROPERTIES): 2021-0426 Motion To: Motion By: Seconded: ✓ i���� J ------- Jones (W 1 P2) New Kinion Business (W2P1) C.3 Petty (W2P2)Scroggi PI) (W3P1 n Bunch (W3P2) / V bTurk (W4P1) V Hertzberg (W4P2) Gutierrez V (W1P1) Mayor Jordan------- r'l ----0 /) --- 0 /`/ -- c Subject: Motion To: Motion By: Seconded: Jones (W 1 P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Mayor Jordan City Council Meeting: June 15, 2021 Subject: APPEAL RZN 2020-028 (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER): 2021-0424 Motion To: Motion By: \ Seconded: New Jones (W 1 P2) Kinion Business (W2P1) Petty (W2P2) CA Scroggin (W3P1) Bunch kt (W3P2) Turk �. A- (W4P1) Hertzberg Gutierrez (W1P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Petty (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Gutierrez (W1P1) Mayor Jordan Chair Sarah Bunch Council Member Ward 3 Position 2 Vice Chair Mark Kinion Council Member Ward 2 Position 1 Sonia Gutierrez Council Member Ward 1 Position 1 Teresa Turk Council Member Ward 4 Position 1 Nominating Committee Report June 10, 2021 Members Present — Chair Sarah Bunch, Mark Kinion, Sonia Gutierrez and Teresa Turk The Mayor recommends the following candidates for appointment: HISTORIC DISTRICT COMMISSION Mark Harper — One term ending 06/30/24 Alexandria Lee — One term ending 06/30/24 Vacant — One term ending 06/30/24 Vacant — One unexpired term ending 06/30/23 The Nominating Committee recommends the following candidates for appointment: ANIMAL SERVICES ADVISORY COMMITTEE Laura Florick — One citizen at large term ending 06/30/24 Edwin Velasco — One citizen at large term ending 06/30/24 BOARD OF ADJUSTMENTS William Finer — One unexpired term ending 03/31/24 ENERGY IMPROVEMENT DISTRICT NO. 1 Vacant— One unexpired term ending 12/31/21 ENVIRONMENTAL ACTION COMMITTEE Stacy Buff — One community citizen at large term ending 06/30/24 FAYETTEVILLE ARTS COUNCIL Jessica DeBari — One arts and cultural community resident term ending 06/30/24 Lia Uribe — One working artist term ending 06/30/24 PEG ADVISORY BOARD Brandy Walsh — One term ending 06/30/25 Hope Beatte — One term ending 06/30/25 WALTON ARTS CENTER COUNCIL, INC. Cal Rose — One term ending 06/30/24 Jody Dilday — One term ending 06/30/24 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Received 06/08/2021 4:06 PM 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington Assist�zr�t City Aiic�rrze}� TO: Mayer Jordan Jodi Batker City Council Paralegal CC: Chris Brown, Public Works Director Alan Pugh, Stormwater Engineer Jonathan Curth, Development Manager FROM: Kit Williams, City Attorney C`� DATE: June 8, 2021. RE: Minor changes to Exhibit H (rewrite of Chapter 170: Stormwater Management and Drainage) Thank you for allowing me additional time to review the situation involving "Legacy Drainage Plans" and figure out how best to handle the application of the improved stormwater management regulations to only affect the appropriate unbuilt projects. I also want to thank Fayetteville Stormwater Engineer Alan Pugh for his knowledge and expertise in this important effort to ensure flooding will not be increased by future development, especially in an area of a known public flooding problem. To accomplish the goals of our Engineering Division, including attempting to prevent lengthy continued use of old drainage control plans that should be updated to the new requirements, several changes need to be made in Exhibit H (the Stormwater Management and Drainage Chapter). First §170.02 Adoption of Drainage Criteria Manual needs to be amended so that it does not conflict with the proposed amended §170.03 (E) regarding what types of developments are exempted so as to not need drainage permits. The new §170.03 (E) no longer exempts "one single-family or duplex" which is still listed as exempted by the current Drainage Control Manual. We can remove this conflict by amending §170.02 to read as follows: "170.02 Adoption of Drainage Criteria Manual (A) The City Council herby adopts by reference the Drainage Control Manual with the exception that its Chapter 1. Minimum Stormwater Standards and Submittal Requirements, Section 1.1 General list of "Exceptions when no drainage permit is required are as follows:" which are all deleted and replaced with a reference to §170.03 (C) and (E). (B) The Drainage Control Manual may be amended from time to time by the City Engineer who shall promptly inform the City Council of the amendments. All technical procedures and design standards contained in the Drainage Control Manual shall have the same force and effect as if printed word for word in this chapter except that no provision may directly conflict with the chapter's code sections." Three changes are needed in §170.03 Permits Required. The first is just a typo in (A) which references 1170.03 (C) and §170.03 (D)" when the second reference should have been to "§170.03(E)." The other changes are the substantive changes requested by some Council Members to address known public flooding areas and some old drainage control plans in which unbuilt and/or not fully divided lots in old plats should be required to use the updated drainage requirements if and when the lots are further subdivided and/or constructed. To accomplish this, U.D.C. §170.03(E) Exceptions Where No Drainage Permit Is Required needs to be amended as follows: "(E) Exceptions Where No Drainage Permit Is Required. Drainage Permits are not required for the following activities unless the Project is otherwise covered under the U.D.C. or occurs upstream of a known public flooding problem which is when the City knows that serious flooding involving repeated flood damage to residences, buildings or infrastructure in an area has occurred and will likely recur without remedial measures." Then (2) Lots that are part of a Larger Development needs to be amended as follows: "Lots that are part of a Larger Development. One (1) project built on an individual lot that is part of a larger development that has received an approved drainage control permit when the proposed project is in compliance with this overall subdivision drainage control permit. The Engineering Division may require development projects upstream of a known public flooding problem to also follow current best practices and current drainage regulations and also participate with the City in cost -share projects to reduce the known public flooding problem." This means that the new project still would not have to obtain a new drainage control permit, but could have somewhat different and more protective drainage restrictions placed upon the project than would have been required under their existing subdivision drainage control permit. The proposed changes I recommend are narrowly tailored to help known public flooding problems while not affecting subdivisions being constructed pursuant to existing subdivision drainage control permits that are not endangering downstream neighborhoods. Received 6/9/21 3:27 PM from Robert Rhoads f GRAPHIC SCALE WES -------------- LLJJ II m II I — —� - - III— -- — — — —w. wewxoENNA ixsaxwnr se E��oNa�unH _ — — — — — __j------- ---- — —� —_—_ ---. ------------ —IL a a a II I �I- '"I _-_-- _-_ El CityClerk From: RRhoads@HaIIEstill.com Sent: Wednesday, June 9, 2021 3:27 PM To: CityClerk Subject: Wedington/Kidder RZN Appeal 2020-028 Attachments: Kidder Concept.pdf Categories: Completed, Saved File, Forwarded CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Lisa, pls send this to council et al as additional info and as a replacement for the site plan that appears on page 31 of the planning commission packet. As always thanks for your help! RKR HALL ROBERT K RHOADS I SHAREHOLDER ESTILL. 75 N. East Ave. I Suite 500 1 Fayetteville, AR 72701 Office: 479-973-5202 1 Cell: 479-236-1414 1 Bio \1 Iti'IiNI1�, 11I L M\ This e-mail message and any attachment thereto is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the recipient or reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this a -mail communication in error, please notify us immediately by sending a reply e-mail message to the sender. Thank you. 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, June 15, 2021 5:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward I Council Member D'Andre Jones Ward I Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Meeting Final Agenda June 15, 2021 Zoom Information: https://zoom.us/webinar/register/VVN—mVwiYd3lQ5COlkrjt5zPWQ Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items 1. 2021-0219 NOMINATING COMMITTEE REPORT Agenda Additions: 1. 2021-0458 CORONA VIRUS STATE FISCAL RECOVERY FUND AGREEMENT: A RESOLUTION TO AUTHORIZE CHIEF FINANCE OFFICER PAUL BECKER TO SIGN A CORONA VIRUS STATE FISCAL RECOVERY FUND AGREEMENT WHICH WILL ALLOW THE CITY OF FAYETTEVILLE TO REQUEST FEDERAL FUNDS PURSUANT TO RECOVERY FUND LEGISLATION A. Consent A.1 2020-0878 APPROVAL OF THE JUNE 1, 2021 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 2 Printed on 611512021 City Council Meeting Final Agenda June 15, 2021 A.2 2021-0427 PURCHASE OF PETROLEUM -BASED OILS AND LUBRICANTS: A RESOLUTION TO APPROVE THE PURCHASE OF PETROLEUM -BASED OILS AND LUBRICANTS ON AN AS -NEEDED BASIS FROM VARIOUS VENDORS AND IN VARIOUS QUANTITIES THROUGH THE END OF 2025 A.3 2021-0419 U.S. GEOLOGICAL SURVEY: A RESOLUTION TO APPROVE A JOINT FUNDING AGREEMENT WITH THE U.S. GEOLOGICAL SURVEY FOR STREAM GAUGE OPERATION AND MAINTENANCE AND WATER QUALITY SAMPLING AND MONITORING AT VARIOUS LOCATIONS IN THE CITY OF FAYETTEVILLE IN 2021 WITH THE AMOUNT PAID BY THE CITY NOT TO EXCEED $61,721.00 A.4 2021-0429 NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR FEDERAL AID FUNDS THROUGH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $6,000,000.00 FOR TWO ROAD IMPROVEMENT PROJECTS, AND TO APPROVE A CITY MATCH OF $1,500,000.00 FOR THE PROJECTS A.5 2021-0432 FLINTCO, LLC CHANGE ORDER NO.4: A RESOLUTION TO APPROVE CHANGE ORDER NO. 4 TO THE CONSTRUCTION MANAGER AT RISK CONTRACT WITH FLINTCO, LLC FOR THE POLICE HEADQUARTERS PROJECT IN THE AMOUNT OF $8,654,440.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 POLICE HEADQUARTERS BOND PROJECT City of Fayetteville, Arkansas Page 3 Printed on 611512021 City Council Meeting Final Agenda June 15, 2021 A.6 2021-0431 PARKS AND RECREATION DONATION REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $14,891.00 RECOGNIZING DONATION REVENUE FROM CITIZENS AND LOCAL BUSINESSES TO THE PARKS AND RECREATION DEPARTMENT B. Unfinished Business B.1 2021-0392 AMEND STORMWATER REGULATIONS: AN ORDINANCE TO AMEND VARIOUS CHAPTERS OF THE UNIFIED DEVELOPMENT CODE TO UPDATE STORMWATER REGULATIONS FOR DEVELOPMENTS IN FAYETTEVILLE At the June 1, 2021 City Council meeting this ordinance was left on the Second Reading. C. New Business C.1 2021-0420 ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE: AN ORDINANCE TO ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE CONCERNING THIRD -PARTY PROTECTION AND CONTROL, INSPECTION, TESTING, AND MAINTENANCE REPORTING OF THE FAYETTEVILLE CODE City of Fayetteville, Arkansas Page 4 Printed on 611512021 City Council Meeting Final Agenda June 15, 2021 C.2 2021-0425 RZN-2021-041 (431 E. MLK BLVD./ESPINOZA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-041 LOCATED AT 431 EAST MARTIN LUTHER KING JUNIOR BOULEVARD FOR APPROXIMATELY 0.20 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN C.3 2021-0426 RZN-2021-042 (1000 W. BULLDOG BLVD./FHS PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-042 FOR APPROXIMATELY 22.80 ACRES LOCATED AT 1000 WEST BULLDOG BOULEVARD FROM RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE; RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE; AND P-1, INSTITUTIONAL TO P-1, INSTITUTIONAL CA 2021-0424 APPEAL RZN 2020-028 (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-028 FOR APPROXIMATELY 5.1 ACRES LOCATED ON WEST WEDINGTON DRIVE EAST OF MICHAEL COLE DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN AND NS-L, NEIGHBORHOOD SERVICES -LIMITED D. City Council Agenda Session Presentations DA 2021-0292 AGENDA SESSION PRESENTATION - AUDIT COMMITTEE PRESENTATION OF THE 2020 FINANCIAL AUDIT City of Fayetteville, Arkansas Page 5 Printed on 611512021 City Council Meeting Final Agenda June 15, 2021 D.2 2021-0430 AGENDA SESSION PRESENTATION - FLEET OPERATIONS D.3 2021-0277 AGENDA SESSION PRESENTATION - 2020 ENERGY ACTION PLAN UPDATE E. City Council Tour F. Announcements G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 6 Printed on 611512021 City Council Meeting Final Agenda June 15, 2021 All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment. When the Mayor or Chair recognizes you, please start your public comment by giving your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn to speak for discussion of an agenda item. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If a Council Member wishes to comment upon or discuss a Consent Agenda item that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Unfinished Business and New Business: Overview Period: Agenda items at a City Council meeting shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. City staff s presentation and an Applicant's presentation whether presented by one or more than one presenter shall each be limited to a maximum of ten (10) minutes unless the City Council by unanimous consent or majority vote allows additional time. Public Comments: Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote. Courtesy and Respect: All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall City of Fayetteville, Arkansas Page 7 Printed on 611512021 City Council Meeting Final Agenda June 15, 2021 leave the podium. Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479)575-8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas Page 8 Printed on 611512021 Council Member Sonia Gutierrez Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Matthew Petty Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City of Fayetteville Arkansas City Council Meeting June 1, 2021 City Council Meeting Minutes June 1, 2021 Page 1 of 21 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on June 1, 2021 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. In order to create social distancing due to the Coronavirus, COVID-19 pandemic, Council Member Mark Kinion joined the meeting via online using a video conferencing service called Zoom. Mayor Lioneld Jordan, Council Members Sonia Gutierrez, D'Andre Jones, Matthew Petty, Sloan Scroggin, Sarah Bunch, Teresa Turk, Holly Hertzberg, City Attorney Kit Williams, Deputy City Clerk Lisa Branson, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Chief of Police Mike Reynolds, Fire Chief Brad Hardin, staff members from the IT Department, and members of the press were present in City Council Chambers while demonstrating recommended social distancing. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: Mayor Jordan: We have Council Members, city staff, and the public participating in this meeting, virtually and in -person. Public comments will be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they may wish to address being open for public comment. Each speaker has one turn to speak. Each speaker is allowed five minutes to be broken into segments of three and two minutes, which staff will monitor. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes June 1, 2021 Page 2 of 21 vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three minutes. The City Council may allow both a speaker additional time and an unsigned up person to speak, by unanimous consent or majority vote. City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report Paul Becker, Chief Financial Officer gave a summary of the Monthly Financial Report. He stated this report is through through April, which is period four of the 2021 fiscal year. He stated city sales tax was up at an amazing 34% for the month of March. He stated retail sales and internet sales were up very strong. He stated that is up 14% compared to budget. He stated franchise fees are up at 4%, beverage taxes are up at 6%, building permits are down 20%, charges for services are down 2%, and court fees and fines are down about 15%. He stated the General Fund is up 15% compared to budget. He spoke about the salary increase packages. He stated the goal is to make sure operating revenue equals operating expenses. He stated he is very pleased with where the city is right now. He stated street fund is up I I% above budget and the parking fund is down 17% compared to budget. He stated the HMR fund was up 20% compared to budget and Water & Sewer billings are up 7% for the month. He spoke about outstanding customer delinquencies due to the Coronavirus, penalties, payment plans and cut-offs. He stated Recycling and Trash collection revenues are down 2%. He stated aviation gas is up 14%, which is a strong increase. Agenda Additions: Amend Ordinance 6323: An ordinance to amend Ordinance 6323 pursuant to the new recommendations of the Center for Disease Control and Prevention and the City Board of Health. Mayor Jordan: I am bringing forward an ordinance that Kit Williams drew up. We had several meetings with the City Health Board. Dr Sharkey and Dr. Garner are here tonight to answer any questions you might have. We passed an ordinance last year. The Board of Health met after the CDC new directives came out and they made recommendations to the City Council. I'm the only elected official on the board and I brought it forward to you all to consider. There are three things we can do with the present ordinance that we have in place. You can either keep the old ordinance, repeal it or modify it. Kit put together directives from the Board of Health incorporated into the ordinance, which is pretty sound. We have to add this to the agenda. Council Member Scroggin moved to add the ordinance to the agenda. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. City Attorney Kit Williams: We discussed this with the City Council considerably during the Agenda Session. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes June 1, 2021 Page 3 of 21 Dr. Sharkey, City Board of Health. She stated the Board of Health met after the CDC changed their guidelines and reviewed the science behind the changes. She stated we felt they were justified, and therefore made our recommendations to the City Council, based on the science. She stated we want to emphasize that we want to continue to strongly recommend vaccinations for all of our citizens. She stated we acknowledge it's not going to be feasible to know who is vaccinated and who is not. She feels confident at the moment as cases are going down that this is the right way to move forward. She stated we have seen very low hospitalization rates of three to five locally in our hospitals. She stated we've had five deaths in the month of May, which is five too many, but way down. She stated for the first time in over a year, we had zero cases reported in Washington County a few days ago. She stated the last time that happened, was May 11, 2020. Council Member Turk: Are you seeing anything different or non -representative in Fayetteville compared to the rest of the country? Are we having the same trends as the rest of the country or are we different in some way? Dr. Sharkey: We are very similar to the rest of the country. Our peak was a little higher and we came down a little faster than the rest of the country through the winter months. We have been stable in our counts for six weeks. In the past two to three weeks we've gotten lower every day and every week. Our 14 day average of new cases is down to about nine. It was 18, two weeks ago. We are really making good progress. Council Member Turk: Excellent. Do you have any special concerns about Fayetteville going forward, as compared to the rest of the country with the CDC guidelines? Dr. Sharkey: Not at the moment. What we saw last Fall in Fayetteville when we had an influx of students come, we saw our cases rise acutely. That would be the next time I would be watching something unique in Fayetteville, is when classes resume in the Fall. Council Member Jones: What can we do as a city to encourage vaccinations? Dr. Sharkey: That's the question of the hour. It's all about education and overcoming so much that is going on in social media, which is proving to be very difficult. However, we are still vaccinating daily in the city and across the area. I feel very good about our vaccination rates as they have continued. Council Member Jones: How are we compared to the rest of the region and the state? Dr. Sharkey: We are very similar. I have asked and asked ADH for local data and have not been able to get it. I've only gotten county level data. I would love to prove my gut right that shows Fayetteville is doing much better than the surrounding areas, but I don't have any data to back that Up. Jeremy Roberts, Citizen spoke about being disabled. He stated he had been hurt today by the Police Department while printing things off at the library. He spoke about trying to make the city aware of the exemption set up by the State of Arkansas, which is precedent for any accommodations to be given. He spoke about the constitutionality of his situation. He wants the 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 1, 2021 Page 4 of 21 city to make businesses aware that there are exemptions. He requested for an investigation of Council Member Petty about an ethics violation. He stated discriminating against a disabled person is unlawful and it needs to stop immediately. He demands that the City Council follow the constitution of the State of Arkansas and the constitution of the United States to allow him his liberties. Council Member Kinion: I did watch the video of the library incident. I think there could have been more sensitivity with the Police Officers that were handling the situation. It's hard to know always what is going on. I've talked with Mr. Roberts and I'm well aware of his disability. He should be accommodated. Perhaps the city would like to review that tape sometime and offer some sensitivity training for mental health issues that someone may be having. Mr. Roberts was obviously in the midst of a PTSD situation. It was escalated, rather than de-escalated in the situation from the point of view I saw on the tape. Mr Roberts, I'm very sorry you had to endure that, and I am empathetic. Mental health is as equally important as physical health. I recognize you do have that disability and you should be accommodated. Council Member Turk: I have talked to a lot of residents this week, medical professionals and business owners. I feel by continuing to require the mask, we are putting businesses in a difficult situation. They end up enforcing our regulation. They may want to not require mask in their business, but the city continues with this ordinance requiring them to do so. I would like to move to amend Section 2. Instead of saying, and that all not fully vaccinated persons within public service areas and all places of public accommodation are required. I'd like to change that to, "recommend to constantly wear face masks covering the nostrils amount of such unvaccinated person, subject to the following exemptions." We would recommend rather than require. We are on the honor system. There's no national card that says we've been vaccinated. There's no national policy. Our best guidance is with the CDC. I support CDC guidance, unless there was something unusual or different about Fayetteville. Mayor Jordan: You want to change the wording in Section 2 from required to recommend. Is that correct? Council Member Turk: That is correct. Council Member Hertzberg: Thank you to Council Member Turk for your comments. I completely agree with you. This would be good to show we definitely agree with the CDC recommendations, but we're not making it a requirement, which I believe is unenforceable. I don't know that we should have an ordinance requiring that. Council Member Scroggin: I'm okay with this change. We are almost on the honor system as it is now. It's imperative we match what the CDC is doing. This isn't going to be the first major pandemic. We are a growing population on a finite planet and these things may continue to happen. If we follow the CDC when it's strict, but then when we don't follow it when it's not strict, it looks very inconsistent. We need to be more consistent to show we are following the science. I will be supporting this. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 1, 2021 Page 5 of 21 Council Member Kinion: I also support this. If you understand the science behind the vaccination, you do have some information that supports the efficacy. I was with Smithkline Biologicals, which is a vaccine division for 23 years. I come from a scientific background. This offers the opportunity for a citizen to take responsibility of their own decisions. When we passed that mask ordinance, we did not have the vaccine available, so we had to be proactive. Right now, there is the choice so that you can be protected. If you don't believe in the science behind it, then you have the choice to believe that also. A recommendation, rather than a requirement is a good thing to add to this and supports the science behind it. Council Member Bunch: This is a fair change to make. I believe when we did pass our mask ordinance, I'd like to think it helped quite a bit. It brought it to the forefront that people needed to be wearing a mask and we were really going to support that. I'm hoping this will continue to encourage people to get the vaccination. Making this change takes a little bit of the burden off of businesses to try to understand what they should be doing. I am going to support it. Council Member Scroggin: If a business wants to continue to enforce masks at their own business, is this ordinance still going to protect them? Do we need to add support for them, or do you feel they already have that support? City Attorney Kit Williams: Businesses have a right to require certain things to come inside, such as no shoes, no shirt, no service. They could also say no mask, no service if they want. That's their inherent right as the owner of the business and the landlord of the premises. Our ordinance doesn't affect that one way or the other, at this point in time. Council Member Scroggin: I wanted that on the record. Hopefully, the media reports that as well, so businesses that want to continue requiring masks feel they are backed up in that. Council Member Petty stated it feels like one word or the other, is a little bit like splitting hairs at this point, in terms of the number of cases we're seeing on the day to day and where the trend line is going, but also in how we maybe think people are going to feel about it. He stated it's not an amendment he will support. He stated it doesn't change how he feels about needing to eventually vote for whatever they have at the end of the night. He spoke about Dr. Sharkey saying that the biggest problem right now is education and combating the lack of consistency on social media. He spoke about the language on the signage. He stated it's the difference between saying to somebody you should wear a mask if you're not vaccinated or you should think about wearing a mask if you're not vaccinated. He stated those are different messages and words matter, so he will not support the amendment, but will support what we end up with at the end. Council Member Bunch: Whatever we decide on tonight, will we be getting something out to businesses on our website so they can print it out? Mayor Jordan: We are working on that. Susan Norton, Chief of Staff Lisa Thurber and the Communications team have a sign ready to go, depending on which way you vote on the language. The sign will be posted on our website as an example for how people can download and use the sign or modify if they choose. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes June 1, 2021 Page 6 of 21 Council Member Bunch: Does that include that it's the businesses choice or the business decides to require you to wear a mask? Susan Norton: We will make sure that option for them is clear. Mayor Jordan: We have a few signs ready to go. We wanted to be sure we had the wishes of the Council before I printed a bunch of signs. Council Member Turk moved to amend Section 2 to change the word from required to "recommend". Council Member Kinion seconded the motion. Upon roll call the motion passed 7-1. Council Members Gutierrez, Jones, Kinion, Scroggin, Bunch, Turk, and Hertzberg voting yes. Council Member Petty voting no. Council Member Kinion: We are talking about businesses making the choice of who they serve and requiring a mask. I want to emphasize there are people, either due to mental illness or physical illness, that cannot wear a mask. The American Disabilities Act probably covers this because it does say you have to accommodate these individuals. We need to be sure that's included when we're talking about this. City Attorney Kit Williams: It has been included, since day one. The exception said, reasonable accommodations may be made for individuals with disabling conditions that prevent wearing a face mask. That's always been a part of the ordinance. Council Member Kinion: I agree with that and I like that, but I saw the tape of Mr. Roberts at the library. Just by happenstance I was in the library this afternoon. It was discussed with some employees there. Obviously, people do not understand, especially in a public place where they have to accommodate someone with a disability. We must get that education out there, as well as the language of the rest of the ordinance. Susan Norton: We will make sure that's part of the message as well. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gutierrez thanked the City Board of Health for their advice and their service. She stated as a scientist and trained microbiologist, she encouraged everyone that can, to get vaccinated. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 1, 2021 Page 7 of 21 Mayor Jordan: Thank you to the Council and City Board of Health. Thank you to Kit Williams for drawing this up. Things are beginning to change and I'm thankful for that. Thank you to everyone for their sacrifice over the last year. I appreciate your service to the city. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Council Member Gutierrez moved to approve an Emergency Clause. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. Emergency Clause Approved Ordinance 6441 as Recorded in the office of the City Clerk Consent: Approval of the May 18, 2021 City Council meeting minutes. APPROVED Tsa La Gi Trail: A resolution to approve a payment of $97,030.00 to the University of Arkansas for the construction of a 725 linear foot section of the Tsa La Gi Trail, to approve a project contingency in the amount of $5,000.00, and to approve a budget adjustment. Resolution 147-21 as recorded in the office of the City Clerk LFKDF, LLC: A resolution to approve a four year lease agreement with LFKDF, LLC for four parking spaces in the public parking lot adjacent to 112 West Center Street for use by the Federal Public Defender's Office in the amount of $50.00 per space per month. Resolution 148-21 as recorded in the office of the City Clerk Special Needs Assistance Program Grant Agreements: A resolution to approve the renewal of three Special Needs Assistance Program grant agreements with the U.S. Department of Housing and Urban Development in the total amount of $250,129.00 for the city to administer programs to assist homeless Fayetteville residents. Resolution 149-21 as recorded in the office of the City Clerk Friends of YRCC Summer Camp Programs Donation: A resolution to approve a budget adjustment in the amount of $16,000.00 representing a donation from friends of YRCC to fund summer camp programs offered at the Yvonne Richardson Community Center. Resolution 150-21 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 1, 2021 Page 8 of 21 Whiting Systems, Inc. Change Order No. 2: A resolution to approve Change Order No. 2 to the Fleet Wash Facility Equipment contract with Whiting Systems, Inc. in the amount of $8,318.16. Resolution 151-21 as recorded in the office of the City Clerk Bid # 20-36 Crossland Heavy Contractors Change Order #5: A resolution to approve Change Order No. 5 with Crossland Heavy Contractors, Inc. in the amount of $694,110.00 for the construction of a restroom and pavilion structure for the Centennial Park project, to approve a project contingency in the amount of $40,000.00, and to approve a budget adjustment. Resolution 152-21 as recorded in the office of the City Clerk Bid #21-43 Mark McLarty Ford: A resolution to award Bid # 21-43 and approve the purchase of two Ford Ranger trucks from Mark McLarty Ford of Little Rock in the total amount of $48,402.00. Resolution 153-21 as recorded in the office of the City Clerk Bid #21-40 Lewis Automotive: A resolution to award Bid # 21-40 and approve the purchase of four Ford Trucks from Lewis Automotive Group of Fayetteville in the total amount of $281,376.00. Resolution 154-21 as recorded in the office of the City Clerk Riggs Cat Company: A resolution to authorize the purchase of a Caterpillar Excavator from Riggs Tractor Company for the amount of $60,764.31 plus any applicable tax and freight charges, pursuant to a Sourcewell Cooperative purchasing contract. Resolution 155-21 as recorded in the office of the City Clerk Lewis Ford: A resolution to approve the purchase of a Dodge Ram 1500 from Lewis Ford of Fayetteville in the amount of $22,403.00, pursuant to a state procurement contract, for use by the Police Department. Resolution 156-21 as recorded in the office of the City Clerk Bid #21-31 Pig Trail Harley Davidson: A resolution to award Bid # 21-31 and approve the purchase of four Harley-Davidson FLHTP Motorcycles from Pig Trail Harley-Davidson of Rogers in the total amount of $104,676.96 for use by the Police Department. Resolution 157-21 as recorded in the office of the City Clerk Bid # 21-45 Freedom Powersports: A resolution to award Bid #21-45 and authorize the purchase of two Kawasaki Mules from Freedom Powersports of Fayetteville in the total amount of $22,414.00 for use by the Parks Department. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 1, 2021 Page 9 of 21 Resolution 158-21 as recorded in the office of the City Clerk Straights Lawn and Garden: A resolution to authorize the purchase of a mower from Straights Lawn and Garden in the amount of $6,939.87, pursuant to a Sourcewell Cooperative purchasing contract, for use by the Transportation Department, and to approve a budget adjustment. Resolution 159-21 as recorded in the office of the City Clerk Brucker's Truck & Equipment: A resolution to approve the repair of Fire Apparatus Ladder 3 by Brucker's Truck & Equipment of Lowell for the estimated amount of $40,223.97, and to authorize payment for the repair of any additional damage identified by the repair shop. Resolution 160-21 as recorded in the office of the City Clerk Bid #21-23 Ferguson waterworks: A resolution to award Bid #21-23 and authorize the purchase of plastic drainage pipe from Ferguson Waterworks in variable amounts and for varying unit prices as needed through the end of 2021. Resolution 161-21 as recorded in the office of the City Clerk CivicPlus, LLC: A resolution to approve a one year Master Services Agreement and Statement of Work with CivicPlus, LLC for a service request management module in the amount of $19,987.50 for the first year, to approve automatic renewals for four additional one year terms with an annual price increase of five percent (5%), and to approve an annual project contingency in the amount of $2,000.00 each year the contract is in effect. Resolution 162-21 as recorded in the office of the City Clerk FTN Associates, LTD. Amendment No. 1: A resolution to approve Amendment No. 1 to the Professional Engineering Services Agreement with FTN Associates, LTD. in the amount of $107,706.00 for further assessment of the Lake Fayetteville Spillway Capacity and recommended improvements as required by the Arkansas Natural Resources Commission. Resolution 163-21 as recorded in the office of the City Clerk RFQ 21-01 Hawkins -Weir Engineers, Inc. Selection #4: A resolution to approve a professional engineering services agreement with Hawkins -Weir Engineers, Inc in an amount not to exceed $466,000.00 for utility relocations along Highway 112. Resolution 164-21 as recorded in the office of the City Clerk RFQ 21-01 McClelland Consulting Engineers, Inc. Selection #5: A resolution to approve a professional engineering services agreement with McClelland Consulting Engineers, Inc., pursuant to RFQ #21-01, Selection 5, in the amount not to exceed $273,388.00 for professional services associated with utility relocations along Highway 16. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 1, 2021 Page 10 of 21 Resolution 165-21 as recorded in the office of the City Clerk Bid #21-37 Crossland Heavy Contractors, Inc.: A resolution to award Bid #21-37 and authorize a contract with Crossland Heavy Contractors, Inc. in the amount of $996,617.00 for the construction of an 18-inch sewer line near Gregg Avenue and the Fulbright Expressway, to approve a project contingency in the amount of $99,661.70, and to approve a budget adjustment. Resolution 166-21 as recorded in the office of the City Clerk C112M Hill Engineers, Inc.: A resolution to approve an addendum to the Out -of -Scope Agreement with CH2M Hill Engineers, Inc. in an amount not to exceed $69,380.00 to complete the Supervisory Control and Data Acquisition upgrade project for the city's Wastewater Treatment Facility Operations, Lift Station Operations and Water Distribution System Operations; and to authorize the purchase of additional networking equipment from ConvergeOne, Inc. in the amount of $43,303.42 plus applicable taxes and freight charges, pursuant to Resolution 110-17. Resolution 167-21 as recorded in the office of the City Clerk Arkansas Department of Transportation - Recreational Trails Program Grant: A resolution to express the willingness of the City of Fayetteville to apply for and utilize Federal -Aid Recreational Trails Program funds in the amount of $100,000.00 for improvements to Kessler Mountain Natural Surface Trails, and to approve a city match of $25,000.00 for the project. Resolution 168-21 as recorded in the office of the City Clerk Council Member Bunch moved to accept the Consent Agenda as read. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Amend Chapter 167 Tree Preservation and Protection, Chapter 177 Landscape Regulations and Chapter 151 Definitions: An ordinance to amend Chapter 167 Tree Preservation and Protection, Chapter 177 Landscape Regulations, and Chapter 151 Definitions of the Unified Development Code to offer clarification, efficiencies, and additional options to both tree preservation and landscaping codes. At the May 18, 2021 City Council meeting this item was left on the First Reading. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Kinion seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Melissa Evans, Urban Forester gave a brief description of the ordinance. She spoke about clarifications since the last City Council meeting. She stated there are differences between the Planning Commission and staff s recommendations. She stated the Planning Commission's 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 1, 2021 Page 11 of 21 recommendation is represented by Exhibits A through G. She stated staff agrees, except in two instances, which are shown in Exhibits A 1 and C 1. She stated in A 1, tree preservation priorities, we remove dead trees from the low priority category. She stated half of the Planning Commission wanted dead trees to be included in the low priority category and their amendment vote for this change, failed. She stated staff does not think dead trees should be included in any category and has removed the word from the language for low priority trees. She stated some Planning Commissioners were concerned that someone would purposely cut down a tree, so as not to mitigate for it. She stated staff reviews aerial imagery from the past five years, when looking at development plans. She stated if trees have been removed under the minimum required percentage for the zoning, a penalty is in the code to mitigate for that. She stated in C 1, commercial tree pruner or service certificate and insurance required, we updated the board culture and tree care industry qualifying credentials for tree work in Fayetteville. She stated this was per Jeremy Williams request during the Planning Commission meeting and she spoke about what it includes. She spoke about the public having many chances to be informed and make comments. She spoke briefly about some public suggestions. She stated the tree size requirements in the high priority versus low priority levels are what staff and the Urban Forestry Advisory Board think is best and reasonable. She spoke about tree preservation easements. She spoke about tree canopy loss and an aggressive tree planting campaign. She spoke about street tree planting. She stated she has learned that balance is key because there are people who want more trees planted and we have people who do not want trees in their yards at all. She stated surveys have shown that citizens of Fayetteville care about and want trees. She stated these portions of code should be reviewed every five years or so, for streamlining and updates as needed. Council Member Gutierrez: There were some emails about there was a difference between some species that might be smaller versus some bigger ones. Do you know if we addressed that? Melissa Evans: I think you mean about the high priority trees and low priority trees. We have listed anything that's eight inches or above for a large species tree that would be considered high priority, unless it's an invasive tree. The smaller sizes would be low priority trees. There was a suggestion from Jeremy Williams that we consider 12 inches instead of 8 inches for those trees in the high priority category. We still think 8 inches is best. Those trees are 10 to 15 years old and they're starting to provide environmental services. If we drop them to the low priority category and those trees are removed, that's just that many fewer trees that have to be mitigated to make up for what's lost. Staff feels it's best to keep the tree measurements, as they are. Council Member Gutierrez: I guess we're talking about a compromise. Instead of going to 12, we can look at 8 for everything. Melissa Evans: Jeremy Williams is a Master Certified Arborist and who works with his own company, had suggested 12 inches. We look at it from our city Urban Forestry staff eyes, development reviews and trying to get more trees planted in the city. Jeremy knows far more about the health of trees than I do because he works on them every day, but we're just trying to find that balance. Staff feels that 8 inches is the number needed. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes June 1, 2021 Page 12 of 21 John Scott, Urban Forester: We have three categories of trees, which are large, medium and small. On the large and medium trees, we want them 8 inches or above on their diameter at breast height. The smaller trees need to be about 4 inches and higher for them to be considered high priority. Council Member Gutierrez: On the height, I feel like maybe there's a lot of variation. Is there a reason that it's kind of vague? Melissa Evans: That is a standard industry measurement to determine the trunk size. That's for trump diameter and so its measured roughly four feet off the ground. There was a brief conversation about industry terminology. Council Member Turk: I also received the email from Mr Williams about how often times the city when they bid out a project, they're doing a low bid and sometimes these companies do not meet the criteria that's being proposed before us tonight. It seems like if we have standards, the city should be following those standards. Melissa Evans: Absolutely. This is staff education and different departments who are trying to get work done not understanding this is in code. John Scott has had conversations with staff members and got it sorted out. It's something that everybody needs to be educated about. It's difficult to patrol all this and we do the best we can. We appreciate the calls from Mr. Williams and citizens over the years in order to correct things. John Scott gave a brief description of an incident that happened a couple of years ago in which a department wasn't aware that they needed to hire a certified arborist to do tree work. He stated it was corrected and education has occurred for all city staff. Council Member Turk: Do you have procedures in place now and whenever you bid out these contracts that you all are notified to review the qualification of the people that are proposing to do the work? I want to make sure there is a procedure in place now. John Scott: It's left up to individual department heads to make sure they are in compliance with that particular code. I do review most of what Engineering provides and Transportation does most of their own planting. It's when there's outside departments and we don't get notified when they're doing a project. Council Member Jones: Is it possible that we could consider a phased approach? Instead of going 100% in one shot, going with 25% to 50% preserved as easement would be a much more manageable test. This would also reduce the blowback and the risk of the State legislature banning tree preservation ordinances altogether. Arkansas Senate Bill 634 was introduced this past session in an attempt to outlaw all ordinances. Melissa Evans: That Senate bill goes after the ordinance as a whole and just that we require any tree preservation, much less the easements. The easements are part of our ordinance, but I don't know that is what triggered that bill. It's the general idea that we require anybody to preserve any trees, whether they go in an easement or not. Most people will dedicate all of their tree preservation 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes June 1, 2021 Page 13 of 21 area as easement if it's required on a project and it's not required for all projects. If they are required in that 30% HHOD minimum site tree canopy preservation area is high. Most of them for commercial areas are 10% to 15% and for most residential zones it's 20% or 25%. It's already such a low number that would go into an easement, I don't think this is an issue or concern. We do have a lot of tree loss every year and the easements are one way to preserve our tree canopy. We lose a significant amount every year, even though we require preservation and we require additional planting. That's one that staff wants to hold firm on. It's not going to be 30% of a site that has to go into tree preservation easement. We will work with people. John Scott: This is incremental for us as well. We do have a lot more changes we'd like to bring forth eventually. This is step one for these. There was a maintenance issue when it came to a tree preservation easement that was brought up in that same memo and it's incorrect. We allow people to do maintenance. They have to call us and give us a heads up on what they are planning on doing. The City Council received 2 public comments regarding this ordinance. Council Member Turk: Mr Dockery, do you support the Planning Commission proposal or the one that staff is advocating? Will Dockery, Parks & Recreation Advisory Board: I'd be okay with either one. It's important that we take this step now. If you had to make me choose between the two, the staff proposal is the better one. Council Member Scroggin: When we look at different parts of the city and which parts of the city has trees and which one doesn't, East Fayetteville has the most trees. One of the reasons they have the most trees, is developers were building one house and left in the trees. More importantly, people didn't mow their yards quite as much. A lot of the trees in East Fayetteville are accidental trees. In the newer subdivisions, our grass ordinances are causing people to snitch on their neighbors to mow their yard. The trees get mowed down before they ever actually get big enough. We've got to work on that as much as all of this codifying of code. Trees need to happen accidentally, and we've gone out of our way to make that stop happening. I am in support tonight of what is in front of us, whether it's the staff or Planning Commission's proposal. Council Member Petty moved to amend the ordinance to staff s version of Al and C1. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gutierrez: I totally agree. In light of the climate change, we need to do a lot more. This is a good first step. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes June 1, 2021 Page 14 of 21 Mayor Jordan: Yes, we do have to do a lot more. I totally agree about the planting of trees. We are working on that. This may not be absolutely perfect, but it's a good first step. Council Member Turk: I want to advocate for staff to bring back new provisions for us to examine in a very timely manner. This is long overdue. It's been at least three years in the making for this. I hope within the next six months we could see something back here. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6442 as Recorded in the office of the City Clerk New Business: Juneteenth Official Holiday: A resolution for the City of Fayetteville to recognize and observe Juneteenth as an official holiday. Council Member Jones read the resolution. He briefly read a letter from a business owner in Fayetteville. He stated the business owner is in favor of the resolution. Susan Norton, Chief of Staff. Council Member Jones has asked Raven Cook to make a presentation. Raven Cook, Citizen gave a brief presentation of the resolution. She stated how understanding the systems and creating policy to bring about change can move our city, for not only inclusive language, but practice and make a better future for us all. She stated it is her hope that Council will take into account the words of the people and to offer Juneteenth as a day we all can collectively strive toward the beloved community Dr. King spoke of and so many people fought and died trying to build. She stated this resolution will pave the way for students to ask and learn about our complicated history as Americans. The City Council received 6 public comments regarding this ordinance. Council Member Turk: Thank you Council Member Jones for bringing this forward. This holiday and recognition are long overdue, especially considering the Tulsa Massacre and the information we saw recently about what happened 100 years ago. We should have recognized the inequality in our country and city much sooner. Council Member Jones: Thank you so much. When I decided to present this resolution, racism is a problem in our community, and we all know that. In August of 2020 the Fayetteville City Council declared racism to be a public health crisis. I believe the collaborative approach in working to fix this problem together, is very necessary. When I think about Fayetteville, I think about diversity, inclusion and equity. There's one aspect that's missing, which is belonging. If we adopt this resolution, I believe that is the first step of African Americans and other disenfranchised 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes June 1, 2021 Page 15 of 21 individuals and families saying, I belong in Fayetteville. I appreciate your consideration. I appreciate those who spoke out and the organizations who are supporting this resolution. Council Member Bunch thanked Council Member Jones. Mayor Jordan: Thank you Council Member Jones. I serve on the National League of Cities Human Development Committee and we're working to make Juneteenth a national holiday. It's very important. Council Member Jones: This makes me very proud to be a Fayetteville resident. Fayetteville is once again leading the state and I believe is one of the very few cities in the south. If this passes, it's something we can all be proud of. Mayor Jordan: Absolutely. Thank you. Council Member Scroggin moved to approve the resolution. Council Member Bunch seconded the motion. Upon roll call the resolution passed unanimously. Resolution 169-21 as recorded in the office of the City Clerk Jack Tyler Engineering, Inc.: An ordinance to waive competitive bidding and accept a quote in the amount of $117,034.00 plus applicable taxes and freight charges from Jack Tyler Engineering, Inc. for the purchase of two replacement pumps for the Noland Water Resource Recovery Facility, and to approve a project contingency in the amount of $17,555.10. City Attorney Kit Williams read the ordinance. Tim Nyander, Utilities Director gave a brief description of the ordinance. He stated funds are available in the Wastewater Treatment Plants Pump & Equipment Project. He stated the item was presented at the Water & Sewer Committee with a 3 to 0 vote to forward it to the City Council with a recommendation for approval. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 1, 2021 Page 16 of 21 Ordinance 6443 as Recorded in the office of the City Clerk 1333 South Dinsmore Trail Streamside Protection Zone Appeal: A resolution to grant the appeal of Kara L. Stratton regarding a Notice of Violation and Stop Work Order issued by the city Engineering Division for clearing and removal of woody vegetation within the streamside protection zone on property located at 1333 South Dinsmore Trail. Alan Pugh, Engineer gave a brief description of the resolution. He stated staff feels that evidence supports the appropriate use of the notice of violation in this instance. He stated should the appeal be denied, we will continue to work with the property owner in any variants process or building permits if they choose to pursue on this piece of property. Council Member Scroggin: What is the punishment if we don't grant this? Alan Pugh: Ultimately, the violation said and historically what the path we have chosen is to have those areas restored to their previous condition. In this instance it would require the planting of at least two trees and then reestablishing some sort of understory that would grow in that situation. Council Member Scroggin: It sounds pretty minor. I hope we don't grant this appeal. We had an item earlier talking about trying to get more trees. Granting an appeal that it's okay to just cut down trees and then ask for forgiveness later doesn't make sense. City Attorney Kit Williams: For the record, the resolution was written to grant the appeal and remove the stop work order. If you want to grant the appeal, you would pass the resolution. If you want to sustain the stop work order, then you would defeat the resolution. Mayor Jordan: Thank you for clarifying. Council Member Kinion: It says in here that there was a culvert that was piping the water. What's that all about and how does it impact this Streamside Ordinance? Alan Pugh: There is a culvert that's underneath Dinsmore Trail. If you look at the very bottom of your packet, there is a photo of the stream, as it is adjacent to this actual property. The culvert itself is only below Dinsmore Trail, and then you can see a photo of the stream, as it exists today. There was a discussion clarifying the voting process. Mayor Jordan: The Streamside Protection Ordinance is something I brought forward in about 2011 or 2013. The purpose of the Streamside Protection Ordinance is to slow the water down and to soak into the ground to help recharge underneath the earth. It preserves the land and stops the erosion. That's why we have these rules in place. Alan, you were willing to work with the people to try and work out a solution. Is that correct? Alan Pugh: Yes, sir. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes June 1, 2021 Page 17 of 21 Mayor Jordan: They decided to appeal anyway. I certainly would not support the appeal, but I will leave that up to Council's wisdom. Council Member Scroggin moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution failed unanimously. The resolution failed. Amend Stormwater Regulations: An ordinance to amend various chapters of the Unified Development Code to update stormwater regulations for developments in Fayetteville. City Attorney Kit Williams read the ordinance. Alan Pugh, Engineer gave a brief description of the ordinance. He thanked staff, City Attorney's office and City Clerk's office for helping with this process. He stated currently our regulations for single family homes and duplexes are exempt from water quality requirements. He stated he is proposing to look into a drainage mitigation, being a step manner. He stated right now, code is basically all or nothing and is highly dependent on use. He spoke briefly about the step manner that staff came up with. He spoke about developers going through the building permit process. He spoke about the flood damage prevention code. The City Council received one public comment regarding this ordinance. Alan Pugh stated we did discuss in our Agenda Session presentation the expiration of legacy drainage plans. He stated that particular item came in after we had gone through Planning Commission and is not currently written into the ordinance. He stated we discussed a couple of different ways back to the curb and that it could occur from an amendment or can occur from a new ordinance. He stated in subsequent conversations with our City Attorney, we did feel it was clearer to bring back to this Council a new ordinance dealing with that particular issue by itself. He spoke about no adverse impacts. Council Member Turk stated she would like to amend the ordinance to include the expiration of legacy drainage plans. She requested to know if those are not included in the ordinance that Council has before them. Alan Pugh: Correct. Staff has kicked around some potential language if Council would be amenable to that discussion. Specifically, in Chapter 170.03 (E), commercial, industrial. We would propose the addition in the final sentence, when the proposed project has demonstrated to be in compliance with the overall subdivision drainage permit and the most recent drainage criteria manual. So, it would be the addition of the verbiage, and the most recent drainage criteria manual. I believe it would allow us to accomplish that goal, while still recognizing developments that are in compliance with our most recent standards. City Attorney Kit Williams: I'm a little concerned about that. Every time in the past that the City Council has sunset things like preliminary plats or final plats that have been dormant for a long 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes June 1, 2021 Page 18 of 21 time, we have done that, and you have done that, but that's always done after a significant period of time to allow the developer to exercise his property interest that he has in an approved plan. At least a year, or even longer for that, because if you try to do it immediately, then you're basically removing the property interest the developers have had in the plan that has been approved by the Planning Commission and filed for record. They can work on it and have absolute right at this point in time to develop according to the regulations when they first submitted their plan. If you want to sunset that, then that's something we need to look at very carefully and have a specific ordinance to do that, as we have had in the past and not try to put it here at the last second, especially with no period of time to delay it. I think what you'll be doing is endangering the city and its resources because you will be removing someone's property interest immediately, without any compensation. I don't recommend this change at this point. That's what we talked over with the Engineers that if they and the City Council want to try to do a sunset, then we need to bring it back separately to you. It has to have a delayed impact, so it doesn't immediately take place. It's dangerous and potentially not fair to the developers who have one approval of their project and to remove that approval right now. Regulations are normally in place and you don't remove them retroactively. This is a very important and long ordinance we have here. I would rather see it get passed and if we want to approach that other issue, let's do it with a separate ordinance where my office has had time to draft up something that would pass constitutional muster. I can't recommend that you amend it right now. Council Member Turk moved to amend the ordinance to include the expiration of legacy drainage plans and withdrew her motion. Council Member Turk: I hope we can work together with the City Attorney's office to bring something forward very quickly to address this issue. City Attorney Kit Williams: We will be happy to work on that and get something to the Council. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Turk: This ordinance is long overdue, but it's very complicated. It's got a lot of depth to it. We owe it to the citizens to hold it here on the second reading, so they have an opportunity to digest it a little bit more. I would ask that we hold it for one more Council meeting to give the public a little bit more time. Council Member Kinion: I would endorse that idea. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Council Members Gutierrez and Jones withdrew their motions. This ordinance was left on the Second Reading. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes June 1, 2021 Page 19 of 21 One Percent (1%) Sales and Use Tax Extending the Expiration Date: An ordinance extending the expiration date for the current One Percent (1 %) Sales and Use Tax enacted by Ordinance 5428 on August 2, 2011 and approved by about 75% of the Fayetteville voters on October 11, 2011 from June 30, 2023 to June 30, 2033. City Attorney Kit Williams read the ordinance. Paul Becker, Chief Financial Officer stated he gave a presentation at the Agenda Session and hopes he was clear in the dramatic impact this would have on revenue to the city at that point in time. He gave a brief description of the ordinance. The City Council received one public comment regarding this ordinance. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gutierrez stated we want to preserve a third of our budget and what we do in the City of Fayetteville and we want to retain all of our amazing staff. She stated this is incredibly important to the continuation of the work we do. She stated we need to make sure this gets passed. Mayor Jordan: Yes. We all need to roll in the same direction. This is an extremely critical vote of this city. It is $22.5 million and that would be a sizable cut from the budget. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6444 as Recorded in the office of the City Clerk Calling a Special Election on August 10, 2021 to Extend the One Percent (1%) Sales and Use Tax: An ordinance calling a Special Election in the City of Fayetteville, Arkansas on the question of extending the expiration date of the One Percent (1%) Sales and Use Tax within the City of Fayetteville, Arkansas to extend the One Percent (1 %) Sales and Use Tax from the current expiration date of June 30, 2023 to the new expiration date of June 30, 2033. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes June 1, 2021 Page 20 of 21 Paul Becker, Chief Financial Officer gave a brief description of the ordinance. He stated this is setting the date for an election, which would be August 10, 2021. He stated this is the extension of a sales tax and is not a new tax. Council Member Turk: Please explain why this election would be in August and not at a primary time or another election cycle? Paul Becker: We decided the last time we asked for a tax and the same conditions continue now. It would take a long lead time to develop a budget for 2023 if we had an election in 2022 and if in fact it wasn't approved by the voters, we would have to go through all of the programs to see what we could reduce and what had to stay. It would be very complex and take a long time. I don't have the time or the staff to do something like that and simultaneously do all of our other task. This is the reason why we are asking for that much of an advance. Council Member Turk: Thank you. I get asked this question quite a bit. I wanted to get it out there in the public venue for why we have the election in August. The City Council received one public comment regarding this ordinance. Council Member Gutierrez moved to suspend the rules and go to the second reading. Council Member Scroggin seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Gutierrez moved to suspend the rules and go to the third and final reading. Council Member Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6445 as Recorded in the office of the City Clerk Special Election Budget Adjustment: A resolution to approve a budget adjustment in the amount of $20,000.00 to pay for a Special Election for the purpose of continuing the One Percent City Sales and Use Tax on August 10, 2021. Paul Becker, Chief Financial Officer stated this would be to appropriate $20,000 for a Special Election to hold the election. Council Member Gutierrez moved to approve the resolution. Council Member Turk seconded the motion. Upon roll call the resolution passed unanimously. Resolution 170-21 as recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIIe-ar.gov City Council Meeting Minutes June 1, 2021 Page 21 of 21 Announcements Mayor Jordan: Regarding the mask ordinance that we did pass. Thank you to the Council and everybody that worked on this. I want to thank the citizens of Fayetteville for helping us reduce those numbers. I want to thank the business community for the sacrifices they made making sure this happened. Thank you to the medical service. Thank you to our public safety personnel that passed out over 100,000 masks to people. City Council Agenda Session Presentations: Agenda Session Presentation - Sales Tax Continuation Election. Agenda Session Presentation - Discussion of City Mask Ordinance. Agenda Session Presentation - Sales Tax Report by Paul Becker and Energy Report by Peter Nierengarten. Agenda Session Presentation — Stormwater UDC Revisions. Agenda Session Presentation - Discussion of conflicts of interests and required recusals of Council Members by City Attorney Kit Williams. Adiournment: 8:30 p.m. ri Lioneld Jordan, Mayor J` Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Walk On Paul Becker Submitted By City of Fayetteville Staff Review Form 2021-0458 Legistar File ID 6/15/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/10/2021 CHIEF FINANCIAL OFFICER (110) Submitted Date Division / Department Action Recommendation: Staff recommends approving Paul Becker (Chief Financial Officer) to sign the attached Coronavirus State Fiscal Recovery Fund Award Terms and Conditions agreement as the City of Fayetteville Authorized Representative Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Accounts will be determined once an expenditure plan is approved by City Council. CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 15, 2021 TO: Mayor and City Council THRU: Mayor Lioneld Jordan FROM: Paul Becker, Chief Financial Officer DATE: June 10, 2021 CITY COUNCIL MEMO SUBJECT: Staff recommends approving Paul Becker (Chief Financial Officer) to sign the attached Coronavirus State Fiscal Recovery Fund Award Terms and Conditions agreement as the City of Fayetteville Authorized Representative RECOMMENDATION: To approve Paul Becker, CFO to sign the attached Coronavirus State Fiscal Recovery Fund agreement which will allow the City to request federal funds pursuant to recovery fund legislation from the Department of the Treasury. The allocation to the City is expected to be approximately $17.9 million. BACKGROUND / DISCUSSION: The American Rescue Plan Act passed by Congress has allocated direct funding to municipalities with populations over 50,000. However, access to that funding requires municipalities to register on-line, name an authorized representative whose identity is verified and have that representative sign the funding agreement. The Mayor assigned Paul Becker, Chief Financial Officer of the City of Fayetteville, to register as the authorized signer. Mr. Becker's identity has been verified by the Treasury Department, and the City may now apply for the transfer of authorized funds to the City. To accomplish this, the authorized signer (CFO of the City of Fayetteville) must sign the funding agreement which indicates the condition that must be meet in the expenditure of the funds. A copy of that agreement is attached. Once the funds are received the Mayor will bring a recommended expenditure plan to the City Council. The Council may then approve or amend that recommendation of eligible expenditures prior to any spending. The funds must be appropriated by the City Council before any expenditure can be made. The administrative staff is currently identifying eligible uses of these funds; no plan has yet been developed for your consideration. BUDGET/STAFF IMPACT: If approved the request for allocated funding will be submitted to the Treasury Department and the money will be sent to the City to be held in escrow until a funding plan is appropriated by the Council. ATTACHMENTS: Coronavirus State Fiscal Recovery Fund Award Terms and Conditions Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 OMB Approved No. 1505-0271 Expiration Date: 11/30/2021 U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND Recipient name and address: DUNS Number City of Fayetteville Taxpayer Identification Number: 113 West Mountain Street Assistance Listing Number and Title: Fayetteville, Arkansas 72701 Sections 602(b)(2) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorizes the Department of the Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund. Recipients hereby agrees, as a condition to receiving such payment from Treasury, agrees to the terms attached hereto. Recipient: Authorized Representative Signature (above) Authorized Representative Name: Authorized Representative Title: Date Signed: U.S. Department of the Treasury: Authorized Representative Signature (above) Authorized Representative Name: Authorized Representative Title: Date Signed: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 15 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 1. Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections 602(c) and 603(c) of the Social Security Act (the Act) and Treasury's regulations implementing that section and guidance. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project. 2. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury's implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021 and ends on December 31, 2024. 3. Renorting. Recipient agrees to comply with any reporting obligations established by Treasury, as it relates to this award. 4. Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficierit to evidence compliance with sections 602(c) and 603(c), Treasury's regulations implementing those sections, and guidance regarding the eligible uses of funds. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Reci_ient for a Deriod of five (5) years after all funds have been expended or returned to Treasury, whichever is later. 5. Pre -award Costs. Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award. 6 Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs. 7. Cost Sharing Cost sharing or matching fonds are not required to be provided by Recipient. 8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass -through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 9 Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act, regulations adopted by Treasury pursuant to sections 602(f) and 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: i. rTnif* r Administrative Requirements5 Cost Principles; and Audit Requirements for Federal Awards. 2 C.F.R. Part _11110200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Govemmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award, include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. 10. Remedial Actions. In the event of Recipient's noncompliance with sections 602 and 603 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of sections 602(c) or 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in sections 602(e) and 603(e) of the Act. 11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 13. Publications. Any publications produced with funds from this award must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to City of Fayetteville by the U.S. Department of the Treasury." 14. Debts Owed the Federal Government. a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e) and 603(e) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. 15. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. fhe acceptance of this award by Recipient does not in any way establish an agency relationship between the Uniied States and Recipient. 16. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating..to a federal contract or grant,_a substantial and Specific danger to .public health_or_safety, .or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles. 18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. OMB Approved No. 1505-0271 Expiration Date: 11/30/2021 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the City of Fayetteville (hereinafter referred to as "the Recipient") provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the recipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. This assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs, services and activities, so long as any portion of the recipient's program(s) is federally assisted in the manner proscribed above. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient's programs, services, and activities. 3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit hitp://www.lep.gov. 4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors, transferees and assignees for the period in which such assistance is provided. 5. 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Title VI also includes protection to persons with "Limited English Proficiency " in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made apart of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property; 7. 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The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under pen by of pegJ,­Y the umderei,"ned rP_rf_tttPc that he/che. hac re..an anfi 17t1 r5exst000 tiff obligations as herein described, that any information submitted in conjunction with this assurance document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Recipient Date Signature of Authorized Official: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 15 minutes per response. 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City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, June 8, 2021 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Gutierrez Ward I Council Member D'Andre Jones Ward I Council Member Mark Kinion Ward 2 Council Member Matthew Petty Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Agenda Session Tentative Agenda June 8, 2021 Zoom Information: https://zoom.us/webinar/register/WN_mxLTaKbNQuSYS_E90pATJA Webinar ID: 997 6192 2914 Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: 1. 2021-0219 NOMINATING COMMITTEE REPORT Agenda Additions A. Consent: A.1 2020-0878 APPROVAL OF THE JUNE 1, 2021 CITY COUNCIL MEETING MINUTES A.2 2021-0427 PURCHASE OF PETROLEUM -BASED OILS AND LUBRICANTS: A RESOLUTION TO APPROVE THE PURCHASE OF PETROLEUM -BASED OILS AND LUBRICANTS ON AN AS -NEEDED BASIS FROM VARIOUS VENDORS AND IN VARIOUS QUANTITIES THROUGH THE END OF 2025 City of Fayetteville, Arkansas Page 2 Printed on 61412021 City Council Agenda Session Tentative Agenda June 8, 2021 A.3 2021-0419 U.S. GEOLOGICAL SURVEY: A RESOLUTION TO APPROVE A JOINT FUNDING AGREEMENT WITH THE U.S. GEOLOGICAL SURVEY FOR STREAM GAUGE OPERATION AND MAINTENANCE AND WATER QUALITY SAMPLING AND MONITORING AT VARIOUS LOCATIONS IN THE CITY OF FAYETTEVILLE IN 2021 WITH THE AMOUNT PAID BY THE CITY NOT TO EXCEED $61,721.00 AA 2021-0429 NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR FEDERAL AID FUNDS THROUGH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $6,000,000.00 FOR TWO ROAD IMPROVEMENT PROJECTS, AND TO APPROVE A CITY MATCH OF $1,500,000.00 FOR THE PROJECTS A.5 2021-0432 FLINTCO, LLC CHANGE ORDER NO.4: A RESOLUTION TO APPROVE CHANGE ORDER NO. 4 TO THE CONSTRUCTION MANAGER AT RISK CONTRACT WITH FLINTCO, LLC FOR THE POLICE HEADQUARTERS PROJECT IN THE AMOUNT OF $8,654,440.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 POLICE HEADQUARTERS BOND PROJECT A.6 2021-0431 PARKS AND RECREATION DONATION REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $14,891.00 RECOGNIZING DONATION REVENUE FROM CITIZENS AND LOCAL BUSINESSES TO THE PARKS AND RECREATION DEPARTMENT B. Unfinished Business: City of Fayetteville, Arkansas Page 3 Printed on 61412021 City Council Agenda Session Tentative Agenda June 8, 2021 BA 2021-0392 AMEND STORMWATER REGULATIONS: AN ORDINANCE TO AMEND VARIOUS CHAPTERS OF THE UNIFIED DEVELOPMENT CODE TO UPDATE STORMWATER REGULATIONS FOR DEVELOPMENTS IN FAYETTEVILLE At the June 1, 2021 City Council meeting this ordinance was left on the Second Reading. C. New Business: CA 2021-0420 ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE: AN ORDINANCE TO ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE CONCERNING THIRD -PARTY PROTECTION AND CONTROL, INSPECTION, TESTING, AND MAINTENANCE REPORTING OF THE FAYETTEVILLE CODE C.2 2021-0425 RZN-2021-041 (431 E. MLK BLVD./ESPINOZA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-041 LOCATED AT 431 EAST MARTIN LUTHER KING JUNIOR BOULEVARD FOR APPROXIMATELY 0.20 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN City of Fayetteville, Arkansas Page 4 Printed on 61412021 City Council Agenda Session Tentative Agenda June 8, 2021 C.3 2021-0426 RZN-2021-042 (1000 W. BULLDOG BLVD./FHS PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-042 FOR APPROXIMATELY 22.80 ACRES LOCATED AT 1000 WEST BULLDOG BOULEVARD FROM RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE; RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE; AND P-1, INSTITUTIONAL TO P-1, INSTITUTIONAL CA 2021-0424 APPEAL RZN 2020-028 (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-028 FOR APPROXIMATELY 5.1 ACRES LOCATED ON WEST WEDINGTON DRIVE EAST OF MICHAEL COLE DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN AND NS-L, NEIGHBORHOOD SERVICES -LIMITED D. City Council Agenda Session Presentations: D.1 2021-0292 AGENDA SESSION PRESENTATION - AUDIT COMMITTEE PRESENTATION OF THE 2020 FINANCIAL AUDIT D.2 2021-0430 AGENDA SESSION PRESENTATION - FLEET OPERATIONS D.3 2021-0277 AGENDA SESSION PRESENTATION - 2020 ENERGY ACTION PLAN UPDATE E. City Council Tour: F. Announcements: City of Fayetteville, Arkansas Page 5 Printed on 61412021 City Council Agenda Session Tentative Agenda June 8, 2021 G. Adjournment City of Fayetteville, Arkansas Page 6 Printed on 61412021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0219 Agenda Date: 6/15/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Report Agenda Number: 1. NOMINATING COMMITTEE REPORT City of Fayetteville, Arkansas Page 1 Printed on 61312021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2020-0878 Agenda Date: 6/15/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Minutes Agenda Number: A.1 APPROVAL OF THE JUNE 1, 2021 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 1 Printed on 61312021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0427 Agenda Date: 6/15/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.2 PURCHASE OF PETROLEUM -BASED OILS AND LUBRICANTS: A RESOLUTION TO APPROVE THE PURCHASE OF PETROLEUM -BASED OILS AND LUBRICANTS ON AN AS -NEEDED BASIS FROM VARIOUS VENDORS AND IN VARIOUS QUANTITIES THROUGH THE END OF 2025 WHEREAS, pursuant to Ark. Code Ann. § 14-58-104, the City may purchase motor fuels, oil, asphalt, asphalt oil, and natural gas without soliciting bids. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of petroleum -based oils and lubricants on an as -needed basis from various vendors and in various quantities through the end of 2025. City of Fayetteville, Arkansas Page 1 Printed on 61312021 Sara Glenn Submitted By City of Fayetteville Staff Review Form 2021-0427 Legistar File ID 6/15/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/26/2021 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A resolution to authorize the purchase of oils and lubricants from various vendors and in various quantities that exceed $20,000.00 annually. Budget Impact: 9700.770.1920-5802.00 SHOP Account Number Fund Project Number Project Title Budgeted Item? Yes Current Budget Funds Obligated $ - Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: The "item cost" and "current budget" boxes have been left blank because these items will vary depending upon the Fleet Division's fluctuating needs based on vehicle needs. CITY OF FAYETTEVILLE ARKANSAS W MEETING OF JUNE 15T", 2021 TO: Mayor and City Council THRU: Terry Gulley, Director of Transportation CITY COUNCIL MEMO FROM: Sara Glenn, Fleet Operations Superintendent DATE: May 26th, 2021 SUBJECT: Approval to Purchase oil and Lubricants within approved budget RECOMMENDATION: City Council to authorize the purchase of petroleum -based oil and lubricants within approved annual budgets from various vendors and quantities that may exceed $20,000.00 BACKGROUND: In the past, the City has solicited bids for oils and lubricants on a contract basis. Due to the volatility of petroleum -based markets, and varied pricing structures that distributors receive from their suppliers, the City has been unable to maintain an effective contract that is mutually beneficial to both parties. Purchasing recently notified Fleet Services that oils and lubricants are now exempt from quotes due to a volatile market. DISCUSSION: Fleet recommends that Council authorizes the purchase of oils and lubricants from various vendors and in various quantities that exceed $20,000.00 annually. Purchases will be within annual approved budgets. BUDGET/STAFF IMPACT: Sufficient funds have been budgeted for these purchases. Attachments: Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0419 Agenda Date: 6/15/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.3 U.S. GEOLOGICAL SURVEY: A RESOLUTION TO APPROVE A JOINT FUNDING AGREEMENT WITH THE U.S. GEOLOGICAL SURVEY FOR STREAM GAUGE OPERATION AND MAINTENANCE AND WATER QUALITY SAMPLING AND MONITORING AT VARIOUS LOCATIONS IN THE CITY OF FAYETTEVILLE IN 2021 WITH THE AMOUNT PAID BY THE CITY NOT TO EXCEED $61,721.00 WHEREAS, since 1998, the City of Fayetteville has participated in a joint funding agreement with the U.S. Geological Survey for the operation and maintenance of urban stream gauging stations to record data concerning rainfall and runoff, and WHEREAS, in 2015, the City modified its agreement with the USGS to begin monitoring major pollutants at Town Branch and Mud Creek and the City will continue this monitoring to provide more accurate information regarding the pollutants leaving the City at these points; and WHEREAS, the proposed 2021 program would remain unchanged from 2020; and WHEREAS, the USGS, which purchased and installed the monitoring equipment at no cost to the City, provides these services at a cost much lower than the City could receive from any other provider; and WHEREAS, pursuant to A.C.A. §14-58-104 the City may renew or extend the term of an existing contract without soliciting bids. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a joint funding agreement, a copy of which is attached to this Resolution and made a part hereof, between the City of Fayetteville and the U.S. Geological Survey for stream gauge operation and maintenance and water quality sampling and monitoring at various locations in the City of Fayetteville in 2021 with the amount to be paid by the City of Fayetteville not to exceed $61,721.00 City of Fayetteville, Arkansas Page 1 Printed on 61312021 City of Fayetteville Staff Review Form 2021-0419 Legistar File ID 6/15/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 5/24/2021 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of the 2021 USGS joint funding agreement in the amount of $61,721.00 (City's share) for stream gauge operation and maintenance as well as water quality sampling and monitoring for various locations within the City of Fayetteville. Budget Impact: 4470.621.8810-5314.00 and 5400.730.5800- 5314.00 Account Number 02097.1 and 10027.1001 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: 4470-Sales Tax Capital Improvement 5400- Water and Sewer Fund Stormwater Quality Management and Wastewater Treatment/Water Quality Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 299,091.00 $ 65,942.45 233,148.55 $ 61,721.00 171,427.55 Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 15, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer DATE: May 24, 2021 CITY COUNCIL MEMO SUBJECT: Approval of the 2021 USGS joint funding agreement in the amount of $61,721.00 (City's share) for stream gauge operation and maintenance as well as water quality sampling and monitoring for various locations within the City of Fayetteville RECOMMENDATION: Staff Recommends approval of the 2021 USGS joint funding agreement in the amount of $61,721.00 (City's share) for stream gauge operation and maintenance as well as water quality sampling and monitoring for various locations within the City of Fayetteville. BACKGROUND: In 2015 the City of Fayetteville modified its contract with USGS to begin monitoring both flow and major pollutants at two location on major outfalls from the City, Town Branch and Mud Creek . This data is being gathered continuously and through sampling at various times in order to more closely model the pollutant concentrations in these streams. This combined with the flow data will give accurate information on the total amount of the various constituents being measured leaving the City at these points. The information produced by the gauges can be viewed on the USGS website by following: Town Branch: http://waterdata.usgs.gov/usa/nwis/uv?07048495 Mud Creek: http://waterdata.usgs.gov/ar/nwis/uv?site no=071948095 In 2015 the City of Fayetteville contributed $61,721 to the stream gauge program and the USGS contributing $10,000 in funds as well as providing and installing the equipment at no charge to the City. The 2016 program was approved at the same funding levels and scope of work as 2015 and modified slightly in 2017 in order to stay within budget. DISCUSSION: The proposed program would remain relatively unchanged from 2020. The proposed program would again include a continuous monitor stream gauge with sampling and determination of various pollutant concentrations at two locations within the City of Fayetteville. These locations would track continuous information regarding flow, turbidity, temperature and conductance. The Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 sampling at these locations would provide a mechanism in which these constituents could be related to other pollutants such as total suspended solids (TSS) essentially providing relatively accurate continuous pollutant loading information. The first station is located on Town Branch near Armstrong Ave and monitors a largely developed area that discharges into the West Fork of the White River which currently has Total Maximum Daily Load (TMDL) defined by ADEQ for turbidity. Monitoring just upstream of the West Fork allows the City to determine Fayetteville's contribution to this TMDL. Initial results indicate that the stream may meet the TMDL for base flow conditions, however, it much higher during storm events. The second station is located on Mud Creek near Greg Avenue and monitors a largely developed area that discharges into the Illinois River via Clear Creek. Clear Creek is currently on the impaired list for pathogens, however, has been found to meet water quality standards over the last few years. This gauge is in place to meet the sampling requirements in the Municipal Separate Storm Sewer (MS4) permit for discharge into an impaired waterway. In addition to the items above, the recommendation also includes maintaining a crest stage gauge on Niokaska Creek at Township. This gauge has been useful in the past in determining the intensity of storm events and the extent of any flooding that they caused. The total cost for the program described above would be $66,721 with the USGS contributing $13,000 in Cooperative Funding for a total cost to the City of Fayetteville of $61,721. In addition to the Cooperative Funds, the USGS provided and installed the equipment in 2015 at no cost to the City. BUDGET/STAFF IMPACT: As stated the total cost of the program would be $74,721 with the USGS contributing $13,000 in funding. The remaining $61,721 would be split between projects managed by the Engineering Division and the Water and Sewer Department. As the information collected would benefit both departments equally, it is proposed to split the required funds 50/50 between the two projects, or a total of $30,860.50 each. Attachments: Proposed Agreement with USGS United States Department of the Interior U.S. GEOLOGICAL SURVEY Lower Mississippi -Gulf Water Science Center 640 Grassmere Park, Suite 100 Nashville, TN 37211 Mr. Lioneld Jordan Mayor City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Dear Mr. Jordan: December 16, 2020 Enclosed are two signed originals of our standard joint -funding agreement for the project(s) Lower Mississippi -Gulf Water Science Center Water Resources Investigations, during the period January 1, 2021 through December 31, 2021 in the amount of $61,721 from your agency. U.S. Geological Survey contributions for this agreement are $13,000 for a combined total of $74,721. Please sign and return one fully -executed original to Desvin D. Jones, Budget Analyst at 3535 S. Sherwood Forest Blvd., Suite 120, Baton Rouge, LA 70816. Federal law requires that we have a signed agreement before we start or continue work. Please return the signed agreement by January 1, 2021. If, for any reason, the agreement cannot be signed and returned by the date shown above, please contact John Mays by phone number (501) 228-3678 or email jmays@usgs.gov to make alternative arrangements. This is a fixed cost agreement to be billed quarterly via Down Payment Request (automated Form DI-1040). Please allow 30-days from the end of the billing period for issuance of the bill. If you experience any problems with your invoice(s), please contact Markeshia Watson at phone number (225) 298-5481 Ext 3106 or email at mwatson@usgs.gov. The results of all work performed under this agreement will be available for publication by the U.S. Geological Survey. We look forward to continuing this and future cooperative efforts in these mutually beneficial water resources studies. Sincerely, Rodney Knight Director, Lower Mississippi Gulf -Water Science Center Enclosure 2 1 MLJFAARDA 15 0 (2) Form 9-1366 U.S. Department of the Interior Customer #: 6000000775 (May 2018) U.S. Geological Survey Agreement #: 21MUFAARDA150 Joint Funding Agreement Project #: ML009Z5 FOR TIN #: 71-6018462 Water Resource Investigations Fixed Cost Agreement YES[ X ] NO[ ] THIS AGREEMENT is entered into as of the January 1, 2021, by the U.S. GEOLOGICAL SURVEY, Lower Mississippi -Gulf Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Fayetteville party of the second part. 1. The parties hererto agree that subject to the availability of appropriations and in accordance with their respective authroirites there shall be operation and maintenance of two streamgages and two continuous water-qulity meters, one on Mud Creek and one one Town Branch; sampling nine times for nutrients, major anions and suspended sediment, andbacteria at the streamgage on Mud Creek; and sampling nine times for nutrients, major anions and suspended sediment at the streamgage on Town Breanch. Three of the nine samples at each station will be collected during a high flow event, herein called the program.The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) include In -Kind -Services in the amount of $0.00 (a) $13,000 by the party of the first part during the period January 1, 2021 to December 31, 2021 (b) $61,721 by the party of the second part during the period January 1, 2021 to December 31, 2021 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of: $0 Description of the USGS regional/national program: (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program, and if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that scientific information and data developed as a result of the Scope of Work (SOW) are subject to applicable USGS review, approval, and release requirements, which are available on the USGS Fundamental Science Practices website (https://www.usgs.gov/about/organization/science-support/science-quality-and-integrity/fundamental-science- practices). Form 9-1366 U.S. Department of the Interior Customer #: 6000000775 (May 2018) U.S. Geological Survey Agreement #: 21MUFAARDA150 Joint Funding Agreement Project #: ML009Z5 FOR TIN #: 71-6018462 Water Resource Investigations 9. Billing for this agreement will be rendered quarterly. Invoices not paid within 60 days from the billing date will bear Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C. § 3717) established by the U.S. Treasury. USGS Technical Point of Contact Customer Technical Point of Contact Name: John Mays Name: Lioneld Jordan Field Office Chief Mayor Address: 401 Hardin Road Address: 113 West Mountain Street Little Rock, AR 72211 Fayetteville, Arkansas 72701 Telephone: (501) 228-3678 Telephone: (479) 575-8330 Fax: (501) 228-3601 Fax: Email: jmays@usgs.gov Email: mayor@ci.fayettevill.ar.us USGS Billing Point of Contact Customer Billing Point of Contact Name: Markeshia Watson Name: Lioneld Jordan Administrative Specialist Mayor Address: 3535 South Sherwood Forest Blvd. Address: 113 West Mountain Street Baton Rouge, LA 70816 Fayetteville, Arkansas 72701 Telephone: (225) 298-5481 Ext 3106 Telephone: (479) 575-8330 Fax: Fax: Email: mwatson@usgs.gov Email: mayor@ci.fayettevill.ar.us U.S. Geological Survey United States City of Fayetteville Department of Interior Signature By 0 l0 /s • 5fy' �fi Date: 12/16/2020 Name: Rod y Knight Title: Director, Lower Mississippi Gulf -Water Science Center AD: TEB By_ Name: Title: Signatures Date: By Date: Name: Title: By Date: Name: Title: City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0429 Agenda Date: 6/15/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.4 NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO APPLY FOR FEDERAL AID FUNDS THROUGH THE NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION IN THE AMOUNT OF $6,000,000.00 FOR TWO ROAD IMPROVEMENT PROJECTS, AND TO APPROVE A CITY MATCH OF $1,500,000.00 FOR THE PROJECTS WHEREAS, the City of Fayetteville understands Federal -Aid Surface Transportation Block Grant Program -Attributable funds are available at 80% federal participation and 20% local match to be used for the Highway 62 Interchange Improvements Project and the College Avenue Corridor Improvements Project; and WHEREAS, the City of Fayetteville understands that Federal -Aid funds are available for this project on a reimbursable basis, requiring work to be accomplished and proof of payment prior to actual monetary reimbursement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas expresses its willingness to participate in accordance with its designated responsibilities in these projects, including maintenance of these projects and providing local matching funds in the amount of $1,500,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to execute all appropriate applications, agreements, and contracts necessary to expedite the construction of the above stated projects. Section 3: That the City Council of the City of Fayetteville, Arkansas pledges its full support and hereby authorizes the City of Fayetteville to cooperate with the Northwest Arkansas Regional Planning Commission to initiate action to implement these projects. City of Fayetteville, Arkansas Page 1 Printed on 61312021 City of Fayetteville Staff Review Form 2021-0429 Legistar File ID 6/15/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 5/26/2021 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: A Resolution expressing the willingness of the City of Fayetteville to submit an application for IFFY 2022 STBGP-A Federal -aid funds for two road improvements projects, to provide matching local funds, and to authorize the Mayor to execute all appropriate agreements, contracts, and documents necessary to expedite the development and construction of the projects. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # 218-19, 298-20 Approval Date: CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF JUNE 15, 2021 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director/City Engineer FROM: Paul Libertini, Staff Enginee�pe DATE: May 26, 2021 SUBJECT: A Resolution expressing the willingness of the City of Fayetteville to submit an application for FFY 2022 Federal -aid funds for two road improvements projects RECOMMENDATION: Staff requests approval of a resolution expressing the willingness of the City of Fayetteville to apply for Federal -aid funds and allow staff to submit an application for an 80% federal / 20% local matching grant through the Northwest Arkansas Regional Planning Commission - Surface Transportation Block Grant Program — Attributable (STBGP-A) in the amount of $7.5 million for Job 040846 — Hwy 62 Interchange Improvements project, and the College Ave Corridor Improvements project. BACKGROUND: Federal -aid Surface Transportation Block Grant Program -Attributable (STBGP-A) funds are now available to Northwest Arkansas after the Census Bureau determined the urbanized population to be over 200,000 and the FHWA designated Northwest Arkansas as a Transportation Management Area (TMA). In becoming a TMA, the Northwest Arkansas Regional Planning Commission, of which Fayetteville is a member, will have STBGP-A discretionary funding available at approximately $7M per year. Under current legislation, these STBGP-A funds can be utilized for all permitted transportation projects at the discretion of the TMA Policy Committee. DISCUSSION: The Northwest Arkansas Regional Planning Commission (NWARPC), serving as the NWA Metropolitan Planning Organization (MPO), is accepting applications for FFY 2022 funding. Both referenced projects have been in the project development phase over the last couple of years. Hwy 62 Interchange The Hwy 62 Interchange improvements planned by ARDOT (Arkansas Department of Transportation) include the design of a S.P.U.I. (Single Point Urban Interchange) which creates access issues for adjacent businesses. To mitigate these conflicts, staff has developed a modified design. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 At the request of the City, the ARDOT revised the design of the Hwy 62 Interchange. City Council approved Resolution 298-20 expressing their intent to partner with the ARDOT to complete the interchange project with the addition of the 15th Street Overpass at an additional estimated cost to the City of $1.4 million. ARDOT is reviewing the projected costs and has indicated that the City share may increase due to various factors. Therefore, the City will be requesting $3.0 million in federal funding. College Avenue (North St. to Township St.) City Council approved Resolution 218-19 which expresses the City's willingness to partner with ARDOT for the Hwy 112 Improvements project and the Hwy 71 B Improvements project. The ARDOT dedicated $1.5 million to the City for improvements along the College Avenue (North St. to Township St.) corridor. Garver Engineers have completed a study of proposed improvements to the College Avenue corridor and it is time to move into the design phase and then into construction. Improvements from North Street to Township Street are estimated to cost $12.5 million. The amount of federal funding available to each City is limited by the Regional Planning Commission policies. Therefore, staff will apply for a grant of $3.0 million for FFY 2022, but the City will have the opportunity to apply for additional funds in future years. At this time, a City Council resolution expressing the willingness of the City to utilize Federal -aid funds, to provide matching local funds, and to authorize the Mayor to execute all appropriate agreements is needed. BUDGET/STAFF IMPACT: If the grant is approved, based on the request of $7.5 million, the Federal -aid portion will be $6.0 million (80%), the City's portion will be $1.5 million (20%). These numbers are subject to change as the project is developed and more detailed estimates are provided. The Federal portion will be paid from the Surface Transportation Block Grant Program - Attributable (STBGP-A) funds. City funds will be paid from the Transportation Bond Program. Attachments: Resolution 298-20 Resolution 218-19 Programming the Street — South School & College Avenue JOB 040846 — Hwy 62 Interchange Concept Drawings uF v►rerr� � F ti 'r ti k q k-11SFS 113 West Mountain Street Fayetteville. AR 72701 (479) 575-8323 Resolution: 298-20 Fife Number: 2020-0996 1-49 AND MILK PARTNERING WITH ARDOT: A RESOLUTION TO EXPRESS THE INTENTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE TO WORK WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION TO COMPLETE IMPROVEMENTS TO THE 1-49 AND MARTIN LUTHER KING JR. BOULEVARD INTERCHANGE WHEREAS, the Arkansas Department of Transportation (ArDOT) is currently planning an extensive redesign of the 1-49 and Marlin Luther King Jr. Boulevard interchange; and WHEREAS, City of Fayetteville Engineering Staff requested that ArDOT evaluate the option of adding an overpass at 15th Street instead of extending Shiloh Drive to Cato Springs Road. and WHEREAS, ArDOT agreed to consider including the overpass in the project, but requested the City perform a conceptual design and traffic analysis to assess the operational feasibility; and WHEREAS, the City engaged Garver to perform an operational analysis of the City's proposed design along with a comparative cost estimate of the ArDOT design and the City concept. and WHEREAS, Garver's report indicates that the City's concept will be operationally similar and will provide similar levels of service to the ArDOT design at an estimated additional cost of S1.4 million. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY" OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville. Arkansas hereby expresses its intention to work with the Arkansas Department of Transportation to complete improvements to the 149 and Page 7 Prinred an 121212e Resolution. 298-20 File Number: 2020-0996 Martin Luther King Jr. Boulevard interchange incorporating the City's proposed design changes. PASSED and APPROVED on 121112020 Attest: IwIlIffiff RK ; TR Ile, ' — FAYE7TEViLLE Kara Paxton, City Clerk Treasurer: q Page 2 Printed on 1212120 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville. AR 72701 (479) 575-8323 Text File File Number: 2020-0996 Agenda Date: 121l/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A.4 1-49 AND MLK PARTNERING WITH ARDOT: A RESOLUTION TO EXPRESS THE INTENTION OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE TO WORK WITH THE ARKANSAS ❑EPARTMENT OF TRANSPORTATION TO COMPLETE IMPROVEMENTS TO THE 1-49 AND MARTIN LUTHER KING JR. BOULEVAR❑ INTERCHANGE WHEREAS, the Arkansas Department of Transportation (ArDOT) is currently planning an extensive redesign of the 149 and Martin Luther Icing Jr. Boulevard interchange: and WHEREAS, City of Fayetteville Engineering Staff requested that ArDOT evaluate the option of adding an overpass at 15th Street instead of extending Shiloh Drive to Cato Springs Road: and WHEREAS, ArDOT agreed to consider itic Iuding the overpass in the project. but requested the City perform a conceptual design and traffic analysis to assess the operational feasibility: and WHEREAS, the City engaged Garver to perform an operational analysis of the City's proposed design along with a comparative cost estimate of the ArDOT design and the City concept. and WHEREAS, Garver's report indicates that the City's concept will be operationally similar and will provide sitnitar levels of service to the ArDOT design at an estimated additional cost of $1.4 million. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby expresses its intention to work with the Arkansas Department of Transportation to complete improvements to the I49 and Martin Luther King Jr. Boulevard interchange incorporating the City-s proposed design changes. City olFaye treville, Arkansas Page I PHntedon 121=020 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 218-19 File'Sumber: 2019-0-570 HIGHWAY 112 AND HIGHWAY 71B IMPROVEMENTS PROJECTS: A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 112 - TRUCKERS DRIVE TO VAN ASCHE DRIVE IMPROVEMENTS PROJECT AND THE HIGHWAY 71B IMPROVEMENTS PROJECT WHEREAS, the Arkansas Department of Transportation (Department) has established Job 040746 to widen Highway 112 between Truckers Drive and Van Asche Drive in Fayetteville; and WHEREAS, the City of Fayetteville (City) has requested that the Highway 112 widening project be extended to Howard Nickell Road; and WHEREAS, the Department has agreed to extend Job 040746 to Howard Nickell Road and will construct intersection improvements at Howard Nickell Road in this project with consideration given to the inclusion of a roundabout; and WHEREAS, the Department will handle all phases of Job 040746 and provide all necessary funding less the $350,000.00 committed by the City; and WHEREAS, the Department has also agreed to accommodate bicycles and pedestrians per the City's master plan along Highway 112 in accordance with the latest versions of AASHTO and FHWA guidance; and WHEREAS, the Department has committed to work with the municipalities along the Highway 112 Corridor to develop an access management plan to enhance safety and improve mobility; and Page T Prrnred on 9119119 File Number: 2019-0570 Resolution 218-19 WHEREAS, the Department previously agreed to undertake necessary pavement and bridge preservation on Highway 71 B; and WHEREAS, at the City's request, the Department has agreed to make the $1.5 million dedicated to preservation improvements on Highway 71B available to the City for their use along the corridor in lieu of a resurfacing project; and WHEREAS, the Department has agreed to analyze the performance of the City's proposed improvements to the Highway 71 B interchange with North Fulbright Expressway; and WHEREAS, the City hereby agrees to commit $350,000 towards the extension of the Highway 112 widening and to accept ownership and responsibility for Highway 71 B from its junction with South Fulbright Expressway to its junction with North Fulbright Expressway. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City of Fayetteville to participate in accordance with its designated responsibilities in the Highway 112 - Truckers Drive to Van Asche Drive Improvements Project and the Highway 71 B Improvements Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan or his designated representative to execute all appropriate agreements and contracts necessary to expedite the development and construction of the projects. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby indicates its willingness to proceed with the projects and hereby proposes that the Department initiate action to implement these improvements. PASSED and APPROVED on 9/17/2019 Approved- _ Attest: g.��. G�. • . •c;T •: ���■. _�. > •N— �Z . y r,r- �7► oneld Jordan, yar i_isa Brarison, Deputy City Clerk f'■i,',;i�•C���il�`t%ti`N �1►►r1111010%% Page 2 Printed on 9119119 City of Fayetteville, Arkansas 113 West Mountain Street rayellevdle, AR 72701 (479) 57"323 � 1 J: Text File File Number: 2019-0570 Agenda Date: 9/17/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C- 2 HIGHWAY 112 AND HIGHWAY 71B IMPROVEMENTS PROJECTS:. A RESOLUTION TO EXPRESS THE WILLINGNESS OF THE CITY OF FAYETTEVILLE TO PARTNER WITH THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 112 - TRUCKERS ❑RIVE TO VAN ASCHE DRIVE IMPROVEMENTS PROJECT AND THE HIGHWAY 71S IMPROVEMENTS PROJECT WHEREAS, the Arkansas Department of Transportation (Department) has established Job 040746 to widen Highway 1 12 between Truckers Drive and Van Asche Drive in Fayetteville; and WHEREAS, the City of Fayetteville (City) has requested that the Highway 112 widening project be extended to Howard Nickell Road; and WHEREAS, the Department has agreed to extend Job 040746 to Howard Nickell Road and will construct intersection improvements at Howard Nickell Road in this project with consideration given to the inclusion of a roundabout; and WHEREAS, the Department will handle all phases of Job 040746 and provide all necessary funding less the S350,000.00 committed by the City; and WHEREAS, the Department has also agreed to accommodate bicycles and pedestrians per the City's master plan along Highway 112 in accordance with the latest versions of AASHTO and FHWA guidance; and WHEREAS, the Department has committed to work with the municipalities along the Highway 112 Corridor to develop an access management plan to enhance safety and improve mobility; and WHEREAS, the Department previously agreed to undertake necessary pavement and bridge preservation on Highway 71 B; and WHEREAS, at the City's request, the Department has agreed to make the $1.5 million dedicated to preservation improvements on Highway 71 B available to the City for their use along the corridor in lieu of a resurfacing project: and WHEREAS, the Department has agreed to analyze the performance of the City's proposed improvements to City of Fayetteville, Arkansas page 1 Printed on 9/19/2019 File Number. 2019-0570 the Highway 71 B interchange with North Fulbright Expressway; and WHEREAS, the City hereby agrees to commit $350,000 towards the extension of the Highway 112 widening and to accept ownership and responsibility for Highway 71 B from its junction with South Fulbright Expressway to its junction with North Fulbright Expressway. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the City of Fayetteville to participate in accordance with its designated responsibilities in the Highway 112 - Truckers Drive to Van Asche Drive Improvements Project and the Highway 71 B Improvements Project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan or his designated representative to execute all appropriate agreements and contracts necessary to expedite the development and construction of the projects. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby indicates its willingness to proceed with the projects and hereby proposes that the Department initiate action to implement these improvements. C+ry of Fa ye teev+ffe, Arkansas Page 2 Primed on 9/19/2019 11 V V I 10 ij u kill MA- Imill M, 36 SOUTH SCHOOL & COLLEGE AVENUES RDg,eee GARVER PLANNING • DESIGN PROGRAMMING THE STREET: SOUTH SCHOOL & COLLEGE AVENUES STAKEHOLDER MEETINGS After meeting with City staff the RDG/Garver team conducted stakeholder interviews with property owners along the corridor. The interviews included: 1. Review by the team of overarching concepts from the master planning phase 2. Introduction of the current project. 3. Consultation with stakeholders of potential program ideas for the streetscape project. See list at the end of this document. 4. Addressing and receiving input on a variety of issues including shared access, parking consolidation, amenities, outdoor dining spaces, and theming opportunities. Stakeholders also provided information on their current parking, access and other issues presented by the current street configurations. In general, stakeholders were positive about the project and supported improvements to the street and sidewalk environments. Some key takeaways from the stakeholder meetings are listed below: COLLEGE AVENUE • Walkability and micro -mobility should be the priority • Currently College prevents pulling any bike/ped/scooter traffic from the east to the Woodland Junior High School. • Dr. Slocum of Fayetteville Public Schools would prefer a trail and bicycle access on the south side of the track if possible to a Poplar alignment. School district is interested in providing a trail easement over that part of its property. • The new streetscape should provide a safer place for walking and add more public transportation amenity • Questions about location and overall use of medians • Safety concerns for pedestrians crossing from the VA at Memorial Drive to Evelyn Hills Shopping Center. Concerns over short pedestrian signal cycles and visibility • General concerns regarding the timing of the light at E Memorial Drive and College • Concerned about and general opposition to zoning changes • Overarching issue of College Avenue infrastructure. Necessary repairs or replacement of water lines should be coordinated with the streetscape project. • Both interest and skepticism regarding branding that corridor of College • The design should be flexible. • Support for flexible outdoor seating, with special interest in one centralized larger area. Could also be a series of outdoor spaces. • Considerable sign pollution • Relocate overhead wires as feasible • Need to develop ideas to encourage easy pedestrian access between businesses • Dickson Street and entertainment district have traditionally been the focus of branding. It would be wonderful to have some focus on branding/beautification in this part of town. The area has been called Midtown in the past- not sure if that is a good branding or not. Would be great to have nice lights and decorative street banners as well as larger investment/draw to the area • This area is an emerging district • Maintaining accessibility during construction is very important • Connect a drive from Green Acres to College Avenue along Colt Drive or north of Mermaids • Desire for an area for community style outdoor seating • Fewer driveways/curb cuts would improve trafficflow and safety • Enhance lighting along College Avenue SOUTH SCHOOL AVENUE • Do not change access • The apartments planned for South Yard anticipates future on -street parking • Poor lighting is an issue on this street • Intersection of 11th and South School is crash -prone • Cars run into the tree at the Farmer's Table with some frequency • Look for opportunities for interfaces between bike/micro mobility network. • ORT is not married to specific bus stop locations. Open to shifting things - but major boarding points are Seven Hills, the Research Park, and major intersections. A transit center with turnaround loop is desirable. • Ozark Regional Transit would determine bus stop design. Far side installation is safest • Build in flexibility for evolution to BRT. Eugene, OR is an example of such an evolution • South School Corridor -specific • Any on -street bike facility should be carefully coordinated for safe operation with buses • Preference for a multi -use a side path if possible - but open to the idea of either protected directional bike lanes or two-way cycle track on one side • This could be the beginning of a more regional vision that extends the bike infrastructure to West Fork and Greenland r; PROGRAMMING THE STREET: SOUTH SCHOOL & COLLEGE AVENUES PROGRAM SOUTH SCHOOL Roadway • Reallocation of right of way in certain locations • Road section: Three 11-12' travel lanes with two-way cycle track on west side • On -street parking: located as needed along South School • Access management - driveway containment, identify parking areas for modification and general approach Pedestrian refuge medians at high demand crossings Possible enhancement or higher visibility of entrance to Reserach Park Active Transportation • Bicycle facility: Two-way separated bicycle track on west side • Sidewalks: Five 6' sidewalk behind the curb separated by pavers or a minimum of six feet distance away from curb to allow for tree plantings. Back of curb sidewalks without edge buffer are acceptable adjacent to cycle track. • Colored concrete crosswalks at pedestrian crossings • 11th Street and South School - Modify alignment of 11th Street and South School and modify parking to allow for safer vehicular traffic, pedestrian and bicycle mobility. • Redesign of 11th Street strip center parking lot for improved safety and sidewalk continuity • Transit- Locate bus shelters where appropriate. Environment • Stormwater management - Locate stormwater management BMP's where appropriate • Use long lasting materials and LED lighting along South School • Plant native and adaptive species of street trees Enhancements • Denote districts along South School with integrated art • Integrate art to denote bicycle and pedestrian crossings. • New lighting and poles • Provide new street trees and landscaping along the corridor where space allows. Provide decorative fencing where there is no buffer between sidewalk and parking lots. NORTH COLLEGE Roadway • Road section: Five 11' travel lanes with 6' tree lawn and 6' sidewalk. In constrained area between North to Memorial, 5' concrete sidewalk and 1.5' paver edge adjacent to the curb to help separate cars from pedestrians. • Access management - driveway containment, identify parking areas for modification and general approach. • Medians in locations where they do not impede turns into businesses • Intersection realignment at Green Acres Drive to create 90 degree intersection and green space; Colt Drive connection between Green Acres and College • Intersection redesign - Poplar and College • Utilities: Bury or move above ground utilities to reduce visual clutter Active Transportation • Sidewalks: Five 6' sidewalk behind the curb separated by pavers or a minimum of six feet of distance away from curb to allow for tree plantings. • Connection of Poplar Bikeway and future Sublett Creek Trail • Colored concrete crosswalks at pedestrian crossings Environment/Sustainability • Green Acres greenspace - reuse of vacated right-of-way for stormwater BMP's and open space • Daylight Sublett Creek east of College and Poplar to allow for stormwater management. • Use long lasting materials and LED lighting along South School • Plant native and adaptive species of street trees Districts • Restaurant District: district organization with shared access, interconnected parking and pedestrian access, branding, graphics, amenities, outdoor eating Enhancements • Public Spaces: Green Acres, Sublett Drainage, Poplar Trailhead • Provide opportunities for art in public spaces • Denote restaurant district along College Avenue with integrated art and branding. Parking lot interconnection where possible • New Lighting and Poles • Provide new street trees and landscaping along the corridor where space allows. • Provide decorative fencing where there is no buffer between sidewalk and parking lots. COLORED CONCRETE SIDEWALKS EXISTING OVERHEAD UTILITY LINES STREET TREES , LM DECORATIVE FENCING LIGHTING RETAINING WALLS DISTRICT BRANDING PROGRAMMING THE STREET: SOUTH SCHOOL & COLLEGE AVENUES INTEGRATING ART ALONG THE CORRIDOR The 71B corridor master plan discussed the proven role that public art can play in creating meaningful places along the street. Consequently, it should be a major part of the 71B development program. Potential art installations along the South School and College Avenue streetscapes include: • District gateways. These define the edges and themes of identifiable districts along the street, such as the University of Arkansas research campus and the emerging Mill District along South School and the Restaurant District along College north of Township. Integrated public art could be used to reflect local history, bring attention to specific sites and highlight local artists. Bus shelters. At special intersections such as transit stops, art and function can be combined with thematically designed shelters. • Pedestrian and Trail crossings. Major pedestrian intersections such as the Greenway and Town Branch Trail crossings can be marked by placemaking elements that also increase safety and visibility. Similar treatments can be used to enhance safety at defined pedestrian crossings away from street intersections. • Open spaces such as those envisioned with a redesign of the Green Acres drive intersection, the gathering space at Poplar and College Avenue provide possibilities for major art installations. DISTRICT GATEWAY BUS SHELTER DISTRICT GATEWAY DISTRICT GATEWAY DISTRICT GATEWAY BUS SHELTER DISTRICT GATEWAY MAJOR ART INSTALLATION MAJOR ART INSTALLATION MAJOR ART INSTALLATION DISTRICT GATEWAY DISTRICT GATEWAY PROGRAMMING THE STREET: SOUTH SCHOOL & COLLEGE AVENUES STORMWATER MANAGEMENT BMP'S There will be opportunities along the corridors to incorporate stormwater management best management practices (BMP's). BMPS are structural, vegetative or managerial practices used to treat, prevent or reduce water pollution. This adds another layer of sustainability to the corridor. Some of the BMP's would include bioretention gardens, raingardens, porous pavements or water quality inlets. GATHERING SPACES AND TRAILHEADS There may be an opportunity to create gathering spaces and a trail head at the Poplar and College Avenue intersection. The gathering space could serve as an area for people to bring there take out meals from the restaurant district or serve as a space for community or district events. The trailhead would be associated with the proposed Sublett creek trail. This would include a parking lot and open space with picnic tables, benches and other amenities. The gathering space and trail head would also be areas to incorporate public art. PROGRAMMING THE STREET: SOUTH SCHOOL & COLLEGE AVENUES SOUTH SCHOOL SECTIONS Ad EXISTING SOUTH SCHOOL CONDITION Five -lane configuration looking north from Town Branch Creek bridge SOUTH SCHOOL AVENUE - PARKING The illustration above shows the buffer modified to provide on -street parking. This section pertains to areas with demonstrated demand for on -street parking. The wider buffer can be modified over time to provide on -street parking that supports future rredevelopment projects. SOUTH SCHOOL AVENUE - TYPICAL SECTION The desirable typical section provides a three -lane section with two-way protected cycle track on the west side, separated by a buffer delineated with surface mounted rumble strips and raised pavement markers, consistemnt with the treatment planned for Archibald Yell. The buffer ranges from 4' to 14' with the ability to accommodate on -street parking where the demand exists. Sidewalk with is 5' minimum (6' preferred), set back 5 to 6' from the back of curb. SOUTH SCHOOL AVENUE - CONSTRAINED SECTION In some sections, a constrained right of way or topography makes a sidewalk setback difficult. In these situations, a back of curb sidewalk is most acceptable adjacent to the cycle track. Other options include adjustment of the curb line with reduction of the buffer between the cycletrack and travel lanes; or acquisition of a strip of right of way to permit a sidewalk setback. I PROGRAMMING THE STREET: SOUTH SCHOOL & COLLEGE AVENUES i NMI�Fftlmdl UNIVERSITY OF ARKANSAS ENGINEERING RESEARCH CENTER CENTER 0*\ BL� p• ,� LPN _ NRSt.0 L r-731 FAYETTEVILLE i NATIONAL CEMETERY J ID iUl -wjlj� I Qv IN, 19TH ST �, S. SCHOOL AVENUE - DIAGRAM QUADRANT OVERVIEW = Y -------- -- ----- ----- �- M�K �R• B� i P,�- -,. CD J NORTH 7 PROGRAMMING THE STREET: SOUTH SCHOOL & COLLEGE AVENUES Ak wCAT OSPg�N�S90, R CYCLE TRACK TO MERGE W/ TRAIL COLORED CONC. CROSSWALKS COLORED CONC. CROSSWALK V # ;dF it i� Aot o �_ ir TWO-WAY CYCLE TRACK W/ BUFFER S k PLANTED MEDIAN + INTEGRATED ART ♦♦;v�``° /♦♦ 5 0 '✓ H sr MID -BLOCK CROSSWALK N r ♦ pv�`°` .♦♦ PLANTED MEDIAN + ENTER BLV 'REES NNION��,,;,�INTEGRATED ART ROADWAY_ - REALIGNMENT �L:w 3L 10 L il ff, tv.??NO sr 11;0. [�w I sI ,spr EmmM, «IIIIIIIIIII1111+ S. SCHOOL AVENUE - QUADRANT 01 ROADWAY BUFFER AND/OR COLORED CONCRETE PEDESTRIAN TWO-WAY ADJUSTMENTS ON -STREET PARKING CROSSWALKS CIRCULATION CYCLE TRACK NORTH PROGRAMMING THE STREET: SOUTH SCHOOL & COLLEGE AVENUES EXISTING TOWN BRANCH TRAIL _* 11"r , 8� 0.0 ON -STREET PARKING W/ BUFFER MODIFIED STREET SECTION sAtLtA "to N tN. INTEGRATED ART OPPORTUNITY ON -STREET PARKING W/ BUFFER ♦,♦,,r.--11 .. ' ON l7r, .I �0�� �♦ ♦ STREET TREES PEDESTRIAN REFUGE MEDIAN r9rH sr S. SCHOOL AVENUE - QUADRANT 02 CYCLE TRACK AND BUFFER •���'- LOW too i COLORED CONC. CROSSWALKS INTEGRATED ART OPPORTUNITY EXISTING TOWN �{ �r• BRANCH TRAIL� E m m M> «uuuuuuu1+ ROADWAY BUFFER AND/OR COLORED CONCRETE PEDESTRIAN TWO-WAY ADJUSTMENTS ON -STREET PARKING CROSSWALKS CIRCULATION CYCLE TRACK NORTH PROGRAMMING THE STREET: SOUTH SCHOOL & COLLEGE AVENUES JV 3TysI-Nwl r. CYCLE TRACK MERGES WITH CROSSWALK W. - 11rqsr z &TR Z( iv ON -STREET PARKING W/ BUFFER ON -STREET PARKING W/ BUFFER CYCLE TRACK AND BUFFER W. rsrN sr COLORED CONCRETE CROSSWALKS S. SCHOOL AVENUE - QUADRANT 03 V PARKING LOT IMPROVEMENTS � � ��x�j�x PEDESTRIAN REFUGE MEDIAN x .. 1� to ROADWAY BUFFER AND/OR COLORED CONCRETE PEDESTRIAN TWO-WAY ADJUSTMENTS ON -STREET PARKING CROSSWALKS CIRCULATION CYCLE TRACK NORTH � ,°� �f STREET TREES tt4 P����c` i� MODIFIED STREET SECTION PROGRAMMING THE STREET: SOUTH SCHOOL & COLLEGE AVENUES � EXISTING FRISCO TRAIL ,. IIWATER GEMENT FUTURE HOUSING EXISTING TRAIL CROSSING S� � ♦gyp. ��♦ of J'nST STREET TREES 0 ♦♦ TWO-WAY CYCLE TRACK W/ BUFFER MODIFIED STREET SECTION GJS O S�' \ O 7 4f, �ecvo �4 1 7 � ON -STREET PRH�GAND11 ���i,�r•�1t71�1tlx,L�r{ BUFFER AT CYCLE TRACK� TANGLEr BRANCH CREEK F7\ S. SCHOOL AVENUE - QUADRANT 04 F___, «,,,,,,,,,,,1111+ ROADWAY BUFFER AND/OR COLORED CONCRETE PEDESTRIAN TWO-WAY ADJUSTMENTS ON -STREET PARKING CROSSWALKS CIRCULATION CYCLE TRACK lip STORMWATER MANAGEMENT NORTH PROGRAMMING THE STREET: SOUTH SCHOOL & COLLEGE AVENUES COLLEGE AVENUE SECTIONS COLLEGE AVENUE - EXISTING Illustration shows existing five -lane section with back of curb sidewalk. Sidewalks are intermittent and vary in width and setback. COLLEGE AVENUE - NORTH TO MEMORIAL DRIVE College Avenue travel lanes are reduced to 11 feet, providing extra width between curb and property line. Topographic limitations require back of curb sidewalks, with a 1.5' paver buffer and 5.5' sidewalk width. Medians can be prov ided in some locations along this segment. COLLEGE AVENUE - MEMORIAL DRIVE TO TOWNSHIP Typical College Avenue section provides 511' lanes, with a desirable 6' sidewalk setback (4' minimum for short distances) and 6' to 6.5' sidewalk width. Wider sidewalk setback provides adequate space for street trees. PROGRAMMING THE STREET: SOUTH SCHOOL & COLLEGE AVENUES Orr . EVELYN HILLS SHOPPING MALL I ` 0i E. TOWNSHIP ST. a �a COLLEGE AVENUE - DIAGRAM QUADRANT OVERVIEW NORTH 13 PROGRAMMING THE STREET: SOUTH SCHOOL & COLLEGE AVENUES y COLORED CONCRETEloo CROSSWALKS 40#0 STREET TREES E. MENipR1Al DR. r STREET TREES �� � � PLANTED MEDIAN — -- — y PLANTED MEDIAN ot E. ABSHIER DR. 04 MODIFIED STREET SECTION �� COLORED CONCRETE CROSSWALKS J1k,. E. NORTH ST. COLLEGE AVENUE - QUADRANT 01 7 ROADWAY COLORED CONCRETE PEDESTRIAN PROPOSED STORMWATER ADJUSTMENTS CROSSWALKS CIRCULATION GREENSPACE MANAGEMENT NORTH PROGRAMMING THE STREET: SOUTH SCHOOL & COLLEGE AVENUES r j♦♦I 00,00 00 r♦� .� I litt I I litt.� � �= ��♦♦♦ liFfUS �000 E. NAT�Rq� Wqr COLORED CONCRETE CROSSWALKS PLANTED MEDIAN + INTEGRATED ART COLLEGEAVENUE - QUADRANT 02 ROADWAY COLORED CONCRETE PEDESTRIAN PROPOSED STORMWATER ADJUSTMENTS CROSSWALKS CIRCULATION GREENSPACE MANAGEMENT NORTH PROGRAMMING THE STREET: SOUTH SCHOOL & COLLEGE AVENUES loov # r, loo V PLANTED MEDIAN -- NY /d +INTEGRATED ART E. POPLgR Sr POTENTIAL �� ---- ���,� - - - ,,,,T„r,,,.,,, �,,,,,,r INTEGRATED ART / A _I�� COLLEGE AVENUE - QUADRANT 03 # "&.- up ir U. p # . tt� ZZ MEN MEN m> ROADWAY COLORED CONCRETE PEDESTRIAN ADJUSTMENTS CROSSWALKS CIRCULATION POTENTIAL GATHERING SPACE z .i [ » 11mr, , r -j L / PROPOSED STORMWATER GREENSPACE MANAGEMENT NORTH PROGRAMMING THE STREET: SOUTH SCHOOL & COLLEGE AVENUES � V$* lop '00 40:0 #0 �o OV, COLLEGE AVENUE - QUADRANT 04 ♦ r i♦ �� - -- STREET TREES -- - up jj�t I### F MEN MEN —> ROADWAY COLORED CONCRETE PEDESTRIAN ADJUSTMENTS CROSSWALKS CIRCULATION PROPOSED STORMWATER GREENSPACE MANAGEMENT NORTH PROGRAMMING THE STREET: SOUTH SCHOOL & COLLEGE AVENUES $4,800,141 Utility burial or relocation costs not included PROGRAMMING COST OPINION Streetscape - Within ROW Utilities - Bury or Relocate Utility Lines $5,068,210 or $1,900,562 Lighting $648,000 Roadway - including removals $6,388,000 Hardscape - sidewalks, pavers behind curbs, retaining walls, color concrete crosswalks $707,000 Landscaping $435,500 Site Amenities - Bus Shelters, Benches, Trash Receptacles, Bike Racks $453,000 10% General Conditions, 20% Contingency, Design and Survey $3,935,964 STREETSCAPE WITHIN ROW TOTAL: $12,567,464 Utility burial or relocation costs not included Streetscape - Outside of ROW Parking Lot Improvements $2,462,300 E Colt Dr. Extension $805,700 Public Spaces at Poplar and College $642,700 Integrated Art $500,000 10% General Conditions, 20% Contingency, and Design $2,261,043 STREETSCAPE - OUTSIDE OF ROW TOTAL: $6,671,743 Streetscape - Within ROW Utilities - Bury or Relocate Utility Lines $4,010,723 or $1,455,961 Lighting $544,000 Roadway - including removals $1,817,000 Hardscape - sidewalks, pavers behind curbs, retaining walls, color concrete crosswalks $413,800 Landscaping $131,800 Site Amenities - Bus Shelters, Benches, Trash Receptacles, Bike Racks $390,200 General Conditions, Contingency, and Design $1,503,341 STREETSCAPE WITHIN ROW TOTAL: Streetscape - Outside of ROW Parking Lot Improvements 7th St. Extension 10% General Conditions. 2001n Contingencv. and Design $402637 I STREETSCAPE - OUTSIDE OF ROW TOTAL: $1,189,037 6.". HWY. 62 INTERCHANGE IMPROVEMENTS Fayetteville, AR 15t" Street Overpass Traffic Report southern limits are at Cato Springs Road. Many routes within the study area were analyzed. MILK Jr Boulevard serves as a major commuter corridor with many low -density commercial businesses and mixed low and high density residential nearby. The University of Arkansas is a major traffic generator in the area, with multiple sports venues in the region which attract a large number of attendees. There is a quantifiable student population in the area, as well as many University driven employers. The area near the proposed overpass is experiencing rapid development. The study area is shown in Figure 3. 2.0 Traffic Field Observations Field observations were conducted to verify driver behavior and identify operational deficiencies and/or safety concerns that should be considered when developing build alternatives. Traffic in the area is directional, with the prevailing movements during the morning peak hour being eastbound along MILK Jr Boulevard and the eastbound left turn onto 1-49 from MILK Jr Boulevard. The evening peak hour is the opposite major movements, with westbound MLK Jr Boulevard and southbound right turn from Shiloh Drive onto MILK Jr Boulevard being the prevailing movements. During the AM peak hour, the most significant queueing was observed traveling eastbound into Fayetteville on Hwy 62. Queueing is most noticeable entering the system at the intersection of Finger Garver Project No. 19T21130 Page 3 CARVER CITY OF ��FAYETTEVILLE ARKANSAS 1.0 Introduction 151 Street Overpass Preliminary Engineering Report The purpose of this preliminary engineering report is to evaluate potential revisions to the Highway 62 Interchange as proposed by ARDOT (referenced as the ARDOT Option in this report). ARDOT proposes to convert the existing Highway 62 Interchange from a conventional diamond interchange to a Single Point Urban Interchange (SPUI). Along with the SPUI design, ARDOT proposes improvements to the Northbound exit ramp onto Futrall Drive with a proposed roundabout near 15th street, the southbound on - ramp from Shiloh Drive, and improvements south at the Cato Springs Exit including a roundabout. The City of Fayetteville proposes to modify ARDOT's planned improvements (referenced in this report as ARDOT + City Option) by adding a connection from the east roundabout to 15th Street, adding an overpass over Interstate 49 to a roundabout on the western side of Interstate 49, and removing the proposed improvements at Cato Springs Road. See Figure 1 below. r 1146101 ley 7 Figure 1: ARDOT Interchange Design (Yellow) with Fayetteville Proposal (Blue) Garver Project No. 19T21130 Page 4 rA GARVER CITY OF ��FAYETTEVILLE ARKANSAS 151 Street Overpass Preliminary Engineering Report 3.0 ARDOT + City Option } VAli r i 1 4 T J�N } I_ I 1 } 1 I 'Alt 1 ` North i E o t , ; , 1 } I } I , 11 � I i . ���r�' -.w•� t , IRj 11 T �g'T . fin• 11 �~ I 4 Figure 3: Garver Refined 15th Street Overpass Improvements Garver Project No. 19T21130 Page 7 rA GARVlER City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0432 Agenda Date: 6/15/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.5 FLINTCO, LLC CHANGE ORDER NO. 4: A RESOLUTION TO APPROVE CHANGE ORDER NO.4 TO THE CONSTRUCTION MANAGER AT RISK CONTRACT WITH FLINTCO, LLC FOR THE POLICE HEADQUARTERS PROJECT IN THE AMOUNT OF $8,654,440.00, AND TO APPROVE A BUDGET ADJUSTMENT - 2019 POLICE HEADQUARTERS BOND PROJECT WHEREAS, on December 3, 2019, the City Council passed Resolution 282-19 to approve a Construction Manager at Risk agreement with Flintco, LLC for pre -construction services; and WHEREAS, Change Order No. 4 includes masonry, metal studs, drywall, ceilings and metal panels bid packages. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Change Order No. 4 to the Construction Manager at Risk Contract with Flintco, LLC in the amount of $8,654,440.00 for the Police Headquarters project. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 61312021 Wade Abernathy Submitted By City of Fayetteville Staff Review Form 2021-0432 Legistar File ID 6/15/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item S/27/2021 FACILITIES MANAGEMENT (140) Submitted Date Division / Department Action Recommendation: Approval of Change Order #4 with Flintco, LLC, to RFQ#19-OS Contract for the Police Headquarters Facilities Project in the amount of $8,654,440.00 and approve a Budget Adjustement. Budget Impact: 4609.860.7900-5804.00 4609-Police Projects 2019 Bond Account Number Fund 46090.7900.8040 Police Headquarters Building Construction Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? Yes Budget Adjustment Remaining Budget Project Title $ 35,240,705.00 $ 7,021,734.92 $ 28,218,970.08 $8,654,440.00 19,564,530.08 V20180321 Purchase Order Number: 2019-00000839 Previous Ordinance or Resolution # 146-21 Change Order Number: Original Contract Number: Comments: 4 2019-00000062 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 15, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Paul A. Becker, Chief Financial Officer Police Chief, Mike Reynolds CITY COUNCIL MEMO FROM: Wade Abernathy, Director Bond and Building Construction Projects DATE: May 27, 2021 SUBJECT: Change Order #4 to RFQ #19-05 Contract with Flintco, LLC for the Police Headquarters Facilities Project RECOMMENDATION: Staff recommends approval of Change Order #4 to the RFQ # 19-05 contract with Flintco, LLC for the Police Headquarters Facilities Project in the amount of $8,654,440.00 and approve a Budget Adjustment. BACKGROUND: • In April 2019, Fayetteville voters approved the public safety bond question 9 in the 2019 bond initiative, which included a new police headquarters, and identified $38,801,126 for the new facilities. • In September 2019, Resolution 202-19 authorized the approval of the Land Sale Agreement with the University of Arkansas System Division of Agriculture in the amount of $2,590,000 for 11.50 acres with PD utilizing 10 acres and Fire utilizing 1.5 acres. The Close of the Land is ongoing. • In September 2019, The City of Fayetteville Purchasing Division managed the RFQ process of selecting a construction manager at risk for the Police Headquarters Facilities. The request for statement of qualifications (RFQ) was advertised on 9-3-19 with a deadline of 9-26-19. Ten responses were received. Three construction management firms were short listed for interview. The selection committee chose Flintco to negotiate a CMAR contract for the Police Headquarters. • In December 2019, Resolution 282-19 authorized the approval of a Construction Manager at Risk contract with Flintco Construction and included pre -construction services. • In January of this year, resolution 37-21 was approved for the Earthwork package for the police headquarters and Fire Station 8. • In January of 2021, Resolution 37-21 authorized Change Order #1 for earthwork and grading. • In April 6tn of 2021, Resolution 116-21 authorized Change Order #2 including Foundations, Masonry, Structural Steel, and the Elevator Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 In May 181h of 2021, Resolution 146-21 authorized Change Order #3 including Site Utilities, Fire Sprinkler, Mechanical, Ventilation, Electrical, Plumbing and Equipment. DISCUSSION: The scope of this work includes the balance of WP#3 that was previously bid. We have been performing value engineering items on these trade package since the bid and have recognized substantial savings. Those packages include, masonry, metal studs, drywall, ceilings, metal panels. BUDGET/STAFF IMPACT: Funding for this change order is allocated from the 2019 Police Bond funding. Attachments: Change Order #4. AIA Change Order PROJECT: (Name and address) Fayetteville Police Headquarters 1800 N. Porter Rd Fayetteville Arkansas 72703 OWNER: (Name and address) City of Fayetteville 113 West Mountian Street Fayettevill, AR 72701 Document G701 " - 2017 CONTRACT INFORMATION: Contract For: General Construction Date: December 03, 2019 ARCHITECT: (Name and address) BRINKLEY SARGENT WIGINTON ARCHITECT 5000 Quorum, Suite 600 Dallas, Texas 74254 CHANGE ORDER INFORMATION: Change Order Number: 4 Date: May 271h, 2021 CONTRACTOR: (Name and address) Flintco, LLC 184 E. Fanitnel Dr. Springdale, AR 72762 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives) Incudes additional scopes of work as shown in Exhib B as it pertains to WP#3B on the Fayetteville Police Headquarters Project. The following attached documents shall be incorporated into this change order. Date Description 5/27/21 Exhibit A - GMP Itemization 5/27/21 Exhibit B - Clarificaitons & Assumptions 5/27/21 Exhibit C - Enumeration of Documents The original Guaranteed Maximum Price was $ 82,500.00 The net change by previously authorized Change Orders $ 17,758,661.00 The Guaranteed Maximum Price prior to this Change Order was $ 17,841,161.00 The Guaranteed Maximum Price will be increased by this Change Order in the amount of $ 8,654,440.00 The new Guaranteed Maximum Price including this Change Order will be $ 26,495,601.00 The Contract Time will be increased by Zero (0) days. The new date of Substantial Completion will be TBD in WP#4 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. FLintco, LLC City of Fayetteville ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) SIGNATURE SIGNATURE SIGNATURE Brent Farmer / Vice President PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE 5/27/21 DATE DATE DATE AIA Document G701- — 2017. Copyright © 1979, 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA software at 13:31:40 ET on 05/27/2021 under Order No.2513164306 which expires on 09/17/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA3F) EXHIBIT A UPDATED: 5/27/2021 rLIIVTCO Spreadsheet Report Fayetteville PDHQ - WP#3 Project Name: Q - WP#3B Estimator: -Con Team Description Total Amount 03A - Building Concrete $ 25,000 Base Bid Incl WP#2 W P#2 - Rejected VE - SOG Change from 5" to 4" $ 25,000 04A - Masonry $ 1,161,259 Base Bid Incl WP#2 CMU $ 820,000 Insul Moved to Ext. Stone $ (44,591) Full Depth Stone $ 385,850 07B - COMPOSITE METAL WALL PANELS, SOFFIT & TRIM $ 876,500 Base Bid $ 892,500.00 VE - Substitute Wood Look Ceiling to Lux Metal Panel $ (16,000.00) 07D - STONE VENEER SYSTEM $ 1,193,113 Base Bid $ 1,261,713 VE Substitue Stone 1 & Stone 3 to Grid Worx Stone $ (63,000) VE Change Double Sided Burnished CMU to Single Sided $ (5,600) 07E - TPO ROOFING & TRIM $ 477,879 Base Bid $ 538,337 VE No Cover Board, 60Mil, 20yr Warrnaty, Mechanically Attached $ (60,458) 08A - ENTRANCES, STOREFRONTS & GLAZING $ 934,764 09A - FRAMING, SHEETROCK & CEILINGS $ 1,283,380 Base Bid $ 1,304,680 VE - Change Ceiling Tile to CertainTeed Tile $ (6,800) VE - Remove Wood Look Ceilings (Bid Overlap with 07B) $ (14,500) 10C - FLAGPOLES $ 12,936 10E - METAL ROOF SCREEN PANELS $ 505,131 14A - Conveying Systems $ (3,200) Base Bid Incl. WP#2 VE Elevators (Lights & Ceilings) $ (3,200) 23B - COMBINED PLUMBING, HVAC / MECHANICAL AND CONTROLS $ (37,171) Base Bid Incl. WP#3A Plumbing fixtures & Equipment Not Accepted by FOR (From WP#2 VE) $ 2,819 VE - Substitute Insulated PVC for Cast Iron $ (17,990) VE - Revise Number of Temp & CO2 Sensors $ (22,000) 26A - ELECTRICAL & LOW VOLTAGE $ 53,000 Base Bid Incl. WP#3A W P#3A VE Correction - Change Copper Feeders to Aluminum (Per Final Approved Design) $ 39,000 W P#3A VE Correction - Cat6 to Cat6a (Per final Approved Design) $ 14,000 31B - SITE UTILITIES: STORM DRAINS, WATER, SEWER $ 18,250 Base Bid Inc. WP#3A WP#2 VE Not Accepted Revised Storm Drainage $ 18,250 32B - METAL FENCE & GATES $ 231,111 32C - ASPHALT $ 440,753 32D - SITE CONCRETE $ 660,500 Base Bid $ 840,500 Deduct - Asset Building Foundations (Will be Part of W P#4) $ (60,000) Cost to be applied to FS#8 $ (111,950) VE - Reduce Site Sidewalk at building perimeter from 5" to 4" $ (8,050) 32E - PAVEMENT MARKINGS, WHEELSTOPS & SIGNAGE $ 16,243 Base Bid $ 18,343 Cost to be applied to FS#8 $ (2,100) 32F - SYNTHETIC TURF $ 20,366 Allowance: Glazing Film $ 15,000 SUBTOTAL: $ 7,884,813 GENERAL CONDITIONS/PROJECT REQUIREMENTS INSURANCE: $ 149,560 General Ins 51,000.00 SDI 98,560.16 CM Bond $ 85,000 CM CONTINGENCY: $ 162,387 FEE: $ 372,679 TOTAL WP#3B GMP: $ 8,654,440 WORK PACKAGE 1-3 TOTAL: $ 17,841,161 PROJECT GRAND TOTAL: $ 26,495,601 Clarifications and Assumptions Exhibit 'B" Work Package #3B: May 27, 2021 Fayetteville Police Headquarters rLINTCO 5.27.21 Fayetteville Police Headquarters WP#3B 11 Page PACKAGE #313 FAYETTEVILLE POLICE HEADQUARTERS CLARIFICATIONS, ASSUMPTIONS, INCLUSIONS AND EXCLUSIONS Scope of Work Work Package #313 / Change Order #4 is a partial scope of work which includes labor, material, equipment, tools, and supervision required to perform the scopes of work specifically listed below. • Bid Package 07B - Composite Metal Wall Panels, Soffit & Trim • Bid Package 07D - Stone Veneer System • Bid Package 07E - TPO Roofing & Trim • Bid Package 08A - Entrances, Storefronts & Glazing • Bid Package 09A - Framing, Sheetrock & Ceilings • Bid Package 10C - Flagpoles • Bid Package 10E - Metal Roof Screen Panels • Bid Package 32B - Metal Fences & Gates • Bid Package 32C - Asphalt • Bid Package 32D - Site Concrete • Bid Package 32E - Pavement Markings, Wheel stops & Signage • Bid Package 32F - Synthetic Turf All work to be performed in accordance with the Work Package #3 plans issued by BSW Architects dated March 8, 2021, Specification Manual dated March 8, 2021, Addendum #1 dated March 23, 2021, Addendum #2 dated March 31, 2021, and the Construction Managers Bid Manual dated March 12, 2021. Design Criteria Where possible, items and systems specified by these C&A's are defined and specific to material, finish and intended use. Where materials, finishes and/or quantities are not clearly defined, this proposal assumes the most practical and economical solution consistent with the design concepts and scope. Where scope is unclear, suggested allowances have been provided. Any work referred to as "By Owner", "By Others", "OFCI" (owner furnished contractor installed), or "N.I.C." (not in contract) is not part of the scope of this proposal unless installation is specified. Code Requirements We exclude any liability regarding errors and omissions from the bid documents. In addition, we have assumed that the Architect/Engineer has incorporated into the bid documents all code requirements, ADA requirements and has taken all seismic design into consideration. General Conditions & Project Requirements General are not included in this work package. Project Requirements are not included in this work package. Bonds & Insurance General Insurance (0.6%), General Contractor Bond (1%), and Subcontractor Default Insurance (1.25%) have been included. Quality Control Services Costs fortesting and special inspection services shall be provided by Owner and are excluded. We will provide coordination and scheduling of said services. These services include, but are not limited to engineering testing services, engineering observation, and LEED consultation and testing. l LINTCO 5.27.21 Fayetteville Police Headquarters WP#3B 2 1 Page Schedule This proposal is based on a continuing construction schedule with anticipated activity from February 5, 2021 through January 2022. The date of substantial completion will be determined with Work Package #4 after all documents have been issued. Delays If the Contractor is delayed at any time in the progress of the work by labor disputes, unavoidable casualties, material shortages or delay, changes in the work, or any other causes beyond Contractor's control, the time of completion shall be extended. Claims for extension of time and/or adjustments to the Contract Sum shall be made within a reasonable time after the occurrence of the delay. This proposal excludes any time delays and cost increases arising from or related to the COVID-19 virus and any government or other third -party action in response thereto. Permits and Fees The Architect/Engineer is responsible for permit submission and acceptance by the City of Fayetteville and other Authorities Having Jurisdiction (AHJ). The Owner is responsible for the cost of the building permits, tap fees, impact fees, and meters. Allowances, Contingency, Fees The following are included: 1. 2% CM Contingency $162,387 2. Glazing Film Allowance $15,000 General Inclusions/Exclusions 1. Typical hours of construction operations are 7 am through 7 pm. 2. Certain construction procedures such as concrete placement and material deliveries require work outside of normal hours. Work will be scheduled with onsite personnel. 3. Excludes all work associated with the Asset Building #1 and Asset Building #2. 4. All work shown within the Fire Station 8 boundary is excluded. 5. Dean & Porter road improvements along with parking, sidewalks, greenway trail and utility improvements and repairs are excluded. Only temporary gravel road patch is included for new water and sanitary sewer utility construction crossings. Division 3 — Concrete This pricing includes the upcharge to change the building slab on grade from 4" to 5" thick. This item was a previously approved VE item that was include in WP#2. Division 4 - Masonry Includes all interior CMU, site wall CMU and Stone and exterior stone veneer system per the contract documents in work package #3. The following VE has been accepted and is included in this work package: a. Change double sided scored & burnished site CMU to single sided scored & burnished. Division 7 — Composite Metal Wall Panels, Soffit & Trim Includes all composite metal panels, soffit & trim per the contract documents in work package #3. The following VE has been accepted and is included in this work package: a. Substitute ST03 wood look ceiling material to Lux metal panel. Division 7 — Stone Veneer System Includes all stone veneer systems per the contract documents in work package #3. The following VE has been accepted and is included in this work package: a. Substitute ST-1 and ST-3 to Gridworx stone. l LINTCO Fayetteville Police Headquarters WP#3B 3 1 Page Division 7 - TPO Roofing & Trim Includes all TPO roofing and trim per the contract documents in work package #3. The following VE has been accepted and is included in this work package: a. Delete cover board over roofing insulation, provide 60 Mil TPO, mechanically attached with a 20-year warranty. Division 8 - Entrances. Storefronts & Glazing Includes all entrances, storefronts and glazing per the contract documents in work package #3. Division 9 - Framing. Sheetrock & Ceilings Includes all framing, sheetrock & ceilings per the contract documents in work package #3. The following VE has been accepted and is included in this work package: a. Change ceiling tile to CertainTeed tile. Division 10 - Flag Poles Includes supply and install of all flag poles per the contract documents in work package #3. Division 10 - Metal Roof Screen Panels Includes supply and install metal roof screens per the contract documents in work package #3. Division 14 - Conveying Systems The following VE option has been included in WP #313 and will be a deduct to the Elevator contract: a. Change ceiling finishes and reduce lighting fixture count from 6 fixtures to 4 fixtures in 2 elevators. Division 22 - Plumbin 1. The following VE option included in WP #3A has been revised by the Mechanical engineer and will be partially funded back to the Mechanical contract: Includes plumbing systems, equipment and fixtures for police and range buildings as provided in the fixture VE (Value Engineering) email titled "FPDHQ Plumbing Fixture VE Options" dated 4-27-2021. Pricing will be subject to change upon final approval of listed VE options. We have excluded under -slab hangars as referenced in detail 1/P501 2. This package includes the new VE items as listed below: a. Smoke wrap PVC in lieu of cast iron in plenum Division 23 - HVAC 1. This package includes the new VE items as listed below: a. HVAC sensors -Provide 8 Temperature & CO2, 8 Temperature & Humidity & 82 Temperature Only Division 26. 27. 28 - Electrical. Communications. Electronic Safetv. and Securitv Svstems 1. The following VE option included in WP #3A has been revised by the Electrical engineer and will be partially funded back to the Electrical contract: Change data cable from CAT6A to CAT6 - (A) Cat6A cable is made and terminated to tighter tolerances than Cat6. This means the copper conductors are twisted tighter. This requires higher specification patch panels, wall jacks, and RJ45 connectors. (B) Cat6A speed is at least 500 MHz This allows 10 Gbp/s (Gigabits per second) up to 328 feet (100 meters). Cat6 speed is 250 MHz Therefore, it only supports 10 Gbp/s to 165 feet (55 meters) under ideal conditions —less in heavy cross talk environments. (C) Cat6A cable often uses thicker copper conductors and jackets. 2. The following VE option included in WP #3A has been revised by the electrical engineer and will be partially funded back to the Electrical contract: Change feeder wire from copper to aluminum - Change wire from copper to aluminum on all feeders while utilizing machine crimped mac adapts to terminate aluminum wires to breakers/lugs. l LINTCO 5.27.21 Fayetteville Police Headquarters WP#3B 4 1 Page Division 32 - Metal Fence & Gates Includes all Fence, Gates, Operators and Parking sensors and equipment per the contract documents in work package #3 excluding the Fire Station #8 site fence and gates. Division 32 — Asphalt Includes all Asphalt paving and base per the contract documents in work package #3 excluding the Fire Station #8 paving and base. This price excludes the paving alternate at the Asset Building. Division 32 — Site Concrete Includes all site concrete and associated base per the contract documents in work package #3 excluding the Fire Station #8 paving and base. This pricing includes the deduct to change the building perimeter sidewalks from 5" to 4" thick. Division 32 — Pavement Marking, Wheel Stops & signage Includes pavement makings, wheel stops and parking lot signage per the contract documents in work package #3 excluding the Fire Station #8 pavement markings and signage. Division 32 — Synthetic Turf Includes all synthetic turf per the contract documents in work package #3. Division 33 - Utilities 1. The following VE option included in WP #3A has been rejected and will be funded back to the Site Utility contract: Take the Storm drain from structure 2002-HDS found on page C3.2 and run it directly North on the West side of the road for approximately 150', then install a junction box and another substituted Aquaswirl structure and lay the remaining approximate 50' to daylight into the detention pond. Also add another 450 sq ft. of concrete swale. While doing this, deleting the 390' of 18" RCP running to the West, and deleting both structures labeled 2001-JB, and 3001-AI. END OF DOCUMENT l LINTCO 5.27.21 Fayetteville Police Headquarters WP#313 5 1 Page ?LINTCO Exhibit C - Enumeration of Documents Drawings Discipline GENERAL Drawing No. CVR DrawingTitle COVER SHEET Drawing3/31/2021 3/31/2021 WP#03-Addendum 2 Civil C0.0 GENERAL NOTES 3/8/2021 3/9/2021 WP#03 Civil C1.0 OVERALL SITE PLAN 3/23/2021 3/23/2021 WP#03-Addenduml Civil Cl .1 SITE PLAN 3/31/2021 3/31/2021 WP#03- Addendum l Civil C1.2 SITE PLAN 3/23/2021 3/23/2021 WP#03- Addendum l Civil C1.3 SITE PLAN 3/8/2021 3/9/2021 WP#03 Civil CIA SITE PLAN 3/8/2021 3/9/2021 WP#03 Civil C2.0 OVERALL GRADING & STORM PLAN 3/8/2021 3/9/2021 WP#03 Civil C2.1 GRADING PLAN 3/23/2021 3/23/2021 WP#03- Addendum l Civil C2.2 GRADING PLAN 3/8/2021 3/9/2021 WP#03 Civil C2.3 GRADING PLAN 3/8/2021 3/9/2021 WP#03 Civil C2.4 GRADING PLAN 3/23/2021 3/23/2021 WP#03-Addenduml Civil C3.0 STORM PLAN AND PROFILE 3/8/2021 3/9/2021 WP#03 Civil C3.1 STORM PLAN AND PROFILE 3/31/2021 3/31/2021 WP#03- Addendum l Civil C3.2 STORM PLAN AND PROFILE 3/8/2021 3/9/2021 WP#03 Civil C3.3 STORM PLAN AND PROFILE 3/8/2021 3/9/2021 WP#03 Civil C3.4 POND PROFILE 3/8/2021 3/9/2021 WP#03 Civil C4.0 OVERALL UTILITY PLAN 3/8/2021 3/9/2021 WP#03 Civil C4.1 WATER LINE PLAN AND PROFILE 3/8/2021 3/9/2021 WP#03 Civil C4.2 WATER LINE PLAN AND PROFILE 3/8/2021 3/9/2021 WP#03 Civil C4.3 SANITARY SEWER PLAN AND PROFILE LINE A 3/8/2021 3/9/2021 WP#03 Civil C4.4 SANITARY SEWER PLAN AND PROFILE LINE A & B 3/8/2021 3/9/2021 WP#03 Civil C5.0 EROSION CONTROL PLAN 3/8/2021 3/9/2021 WP#03 Civil C6.0 CIVIL SITE DETAIL 3/31/2021 3/31/2021 WP#03-Addendum2 Civil C6.1 CIVIL SITE DETAIL 3/8/2021 3/9/2021 WP#03 Civil C6.2 DRAINAGE DETAIL 3/23/2021 3/23/2021 WP#03- Addendum l Civil C6.3 EROSION CONTROL DETAILS 3/8/2021 3/9/2021 WP#03 Civil C6.4 SANITARY SEWER DETAIL 3/8/2021 3/9/2021 WP#03 Civil C6.5 WATER DETAILS 3/8/2021 3/9/2021 WP#03 Landscape L3.0 TREE PRESERVATION PLAN 3/8/2021 3/9/2021 WP#03 Landscape L1.3 I LANDSCAPE DETAILS 2 3/8/2021 3/9/2021 WP#03 Structural S002 GENERAL NOTES 3/23/2021 3/23/2021 WP#03-Addendum 1 Structural S003 LOADING DIAGRAMS 3/8/2021 3/9/2021 WP#03 Structural SOl0 AXONOMETRIC VIEW 3/31/2021 3/31/2021 WP#03- Addendum l Structural S011 AXONOMETRIC VIEW 3/31/2021 3/31/2021 WP#03- Addendum l Structural Si01 OVERALL SITE PLAN 3/31/2021 3/31/2021 WP#03- Addendum l Structural S102 SITE PLANS AND DETAILS 3/31/2021 3/31/2021 WP#03- Addendum l Structural S103 SITE PLANS AND DETAILS 3/23/2021 3/23/2021 WP#03- Addendum l Structural S104 SITE PLANS AND DETAILS 3/31/2021 3/31/2021 WP#03- Addendum l Structural S201 OVERALL LEVEL PLAN 3/31/2021 3/31/2021 WP#03-Addendum 2 Structural S202 OVERALL LEVEL 2 FRAMING PLAN 3/31/2021 3/31/2021 WP#03- Addendum l Structural S203 OVERALL ROOF FRAMING PLAN 3/31/2021 3/31/2021 WP#03 -Addendum 2 Structural S210 LEVELI- POLICE - WEST 3/31/2021 3/31/2021 WP#03- Addendum l Structural S211 LEVELI- POLICE - EAST 3/31/2021 3/31/2021 WP#03-Addendum 2 Structural S220 LEVEL 2- POLICE -WEST 3/23/2021 3/23/2021 WP#03- Addendum l Structural S221 LEVEL 2- POLICE -EAST 3/23/2021 3/23/2021 WP#03-Addendum 1 Structural S230 ROOF -POLICE -WEST 3/23/2021 3/23/2021 WP#03- Addendum l Structural S231 ROOF -POLICE -EAST 3/23/2021 3/23/2021 WP#03-Addendum 1 Structural S240 LEVELI - RANGE 3/23/2021 3/23/2021 WP#03- Addendum l Structural S241 ROOF -RANGE 3/8/2021 3/9/2021 WP#03 Structural S301 TYPICAL CONCRETE DETAILS 3/31/2021 3/31/2021 WP#03- Addendum l Structural S501 TYPICAL STEEL DETAILS 3/8/2021 3/9/2021 WP#03 Structural S505 VERTICAL BRACE ELEVATIONS AND DETAILS 3/23/2021 3/23/2021 WP#03- Addendum l Structural S601 STRUCTURAL DETAILS 3/23/2021 3/23/2021 WP#03-Addendum 1 Structural S602 STRUCTURAL DETAILS 3/8/2021 3/9/2021 WP#03 Structural S610 STRUCTURAL DETAILS 3/8/2021 3/9/2021 WP#03 Structural S620 STRUCTURAL DETAILS 3/8/2021 3/9/2021 WP#03 Structural S622 STRUCTURAL DETAILS 3/31/2021 3/31/2021 WP#03-Addendum 2 Architectural A101 SITE PLAN 3/31/2021 3/31/2021 WP#03- Addendum l Architectural A102 SITE_SUDING GATE DETAILS 3/23/2021 3/23/2021 WP#03- Addendum l Architectural A103 MONUMENT SIGN AND MEMORIAL WALL 3/31/2021 3/31/2021 WP#03- Addendum l Architectural A104 SITE DETAILS AND ENLARGED PLANS 3/31/2021 3/31/2021 WP#03- Addendum l Architectural A105 ENLARGED SITE PLANS 3/31/2021 3/31/2021 WP#03- Addendum l Architectural A106 ENLARGED SITE PLANS AND ELEVATIONS 3/31/2021 3/31/2021 WP#03- Addendum l Architectural A107 SITE- SIGNAGE AND WALL ELEVATIONS 3/31/2021 3/31/2021 WP#03- Addendum l Architectural A201 SLAB EDGE PLAN - POLICE -LEVEL 1 3/23/2021 3/23/2021 WP#03 -Addendum 1 Architectural A202 SLAB EDGE PLAN - POLICE -LEVEL 2 3/31/2021 3/31/2021 WP#03- Addendum l Architectural A203 SLAB EDGE PLAN - RANGE 3/23/2021 3/23/2021 WP#03 -Addendum 1 Architectural A210 REFERENCE PLAN - POLICE - LEVELI 3/23/2021 3/23/2021 WP#03- Addendum l Architectural A211 PLAN- WALL TAGS, DIMENSIONS - WEST - POLICE - LEVELI 3/31/2021 3/31/2021 WP#03- Addendum l Architectural A212 PLAN- WALL TAGS, DIMENSIONS - EAST - POLICE - LEVELI 3/23/2021 3/23/2021 WP#03- Addendum l Architectural A220 REFERENCE PLAN - POLICE - LEVEL 2 3/23/2021 3/23/2021 WP#03-Addendum 1 Architectural A221 PLAN-WALLTAGS, DIMENSIONS - WEST -POLICE-LEVEL2 3/31/2021 3/31/2021 WP#03- Addendum l Architectural A222 PLAN -WALL TAGS, DIMENSIONS - EAST -POLICE-LEVEL2 3/8/2021 3/9/2021 WP#03 Architectural A230 REFERENCE PLAN - RANGE 3/8/2021 3/9/2021 WP#03 Architectural A231 PLAN -WALL TAGS, DIMENSIONS - RANGE 3/8/2021 3/9/2021 WP#03 Architectural A233 PLAN -MECHANICAL YARD - RANGE 3/31/2021 3/31/2021 WP#03- Addendum l Architectural A270 ENLARGED FLOOR PLANS -POLICE 3/31/2021 3/31/2021 WP#03-Addendum 2 Architectural A272 ENLARGED FLOOR PLANS - RANGE 3/8/2021 3/9/2021 WP#03 Architectural A280 STAIR PLANS & SECTIONS - POLICE (ST-01&ST-02) 3/23/2021 3/23/2021 WP#03- Addendum l Architectural A281 STAIR PLANS & SECTIONS - POLICE (ST-03) 3/31/2021 3/31/2021 WP#03- Addendum l Architectural A282 STAIR & RAILING DETAILS 3/8/2021 3/9/2021 WP#03 Architectural A290 ROOF PLAN - POLICE 3/23/2021 3/23/2021 WP#03- Addendum l Architectural A291 ROOF PLAN -RANGE 3/8/2021 3/9/2021 WP#03 Architectural A292 ROOF DETAILS - POLICE 3/8/2021 3/9/2021 WP#03 Architectural A293 ROOF DETAILS - RANGE 3/8/2021 3/9/2021 WP#03 Architectural A311 REFLECTED CEILING PLAN -WEST- POLICE -LEVELI 3/31/2021 3/31/2021 WP#03-Addendum2 Architectural A312 REFLECTED CEILING PLAN -EAST -POLICE -LEVELI 3/23/2021 3/23/2021 WP#03- Addendum l VIFLINTCO Exhibit C - Enumeration of Documents Drawings Architectural DrawingDiscipline A321 REFLECTED CEILING PLAN-WEST-POLICE-LEVEL2 Drawing3/31/2021 3/31/2021 WP#03-Ad7enc7um2 Architectural A322 REFLECTED CEILING PLAN -EAST -POLICE -LEVEL 2 3/23/2021 3/23/2021 WP#03- Addendum l Architectural A331 REFLECTED CEILING PLAN - RANGE 3/8/2021 3/9/2021 WP#03 Architectural A401 BUILDING ELEVATIONS -POLICE 3/31/2021 3/31/2021 WP#03-Addendum 2 Architectural A402 BUILDING ELEVATIONS - RANGE 3/8/2021 3/9/2021 WP#03 Architectural A411 AXONOMETRIC VIEWS - POLICE&RANGE BUILDING 3/8/2021 3/9/2021 WP#03 Architectural A412 31) VIEWS 3/8/2021 3/9/2021 WP#03 Architectural A501 BUILDING SECTIONS - POLICE 3/8/2021 3/9/2021 WP#03 Architectural A502 BUILDING SECTIONS - POLICE 3/8/2021 3/9/2021 WP#03 Architectural A503 BUILDING SECTIONS - POLICE 3/8/2021 3/9/2021 WP#03 Architectural A504 BUILDING SECTIONS - POLICE 3/8/2021 3/9/2021 WP#03 Architectural A505 BUILDING SECTIONS - POLICE 3/8/2021 3/9/2021 WP#03 Architectural A506 BUILDING SECTIONS - POLICE 3/8/2021 3/9/2021 WP#03 Architectural A507 BUILDING SECTIONS - RANGE 3/8/2021 3/9/2021 WP#03 Architectural A511 WALL SECTIONS - POLICE 3/31/2021 3/31/2021 WP#03- Addendum 2 Architectural A512 WALL SECTIONS - POLICE 3/8/2021 3/9/2021 WP#03 Architectural A513 WALL SECTIONS - POLICE 3/23/2021 3/23/2021 WP#03- Addendum l Architectural A514 WALL SECTIONS - POLICE 3/23/2021 3/23/2021 WP#03- Addendum l Architectural A515 WALL SECTIONS - RANGE 3/8/2021 3/9/2021 WP#03 Architectural A521 SECTION DETAILS - POLICE 3/8/2021 3/9/2021 WP#03 Architectural A522 SECTION DETAILS - POLICE 3/8/2021 3/9/2021 WP#03 Architectural A523 SECTION DETAILS - POLICE 3/8/2021 3/9/2021 WP#03 Architectural A524 SECTION DETAILS - POLICE 3/31/2021 3/31/2021 WP#03-Addendum2 Architectural A531 SECTION DETAILS - RANGE 3/8/2021 3/9/2021 WP#03 Architectural A601 PLAN DETAILS - POLICE 3/23/2021 3/23/2021 WP#03- Addendum l Architectural A701 PARTITION TYPES 3/8/2021 3/9/2021 WP#03 Architectural A705 DOOR &FENCE DETAILS - EXTERIOR -POLICE 3/23/2021 3/23/2021 WP#03-Addenduml Mechanical M001 MECHANICAL LEGEND 3/8/2021 3/9/2021 WP#03 Mechanical M002 MECHANICAL GENERAL NOTES 3/8/2021 3/9/2021 WP#03 Mechanical M003 MECHANICAL SCHEDULES 3/8/2021 3/9/2021 WP#03 Mechanical M004 MECHANICAL SCHEDULES 3/8/2021 3/9/2021 WP#03 Mechanical M005 MECHANICAL SCHEDULES 3/8/2021 3/9/2021 WP#03 Mechanical M210 LEVELI - POLICE MECHANICAL OVERALL PLAN 3/8/2021 3/9/2021 WP#03 Mechanical M211 LEVELI - POLICE MECHANICAL PLAN - WEST 3/8/2021 3/9/2021 WP#03 Mechanical M212 LEVELI - POLICE MECHANICAL PLAN - EAST 3/8/2021 3/9/2021 WP#03 Mechanical M220 LEVEL 2- POLICE MECHANICAL OVERALL PLAN 3/8/2021 3/9/2021 WP#03 Mechanical M221 LEVEL 2- POLICE MECHANICAL PLAN - WEST 3/8/2021 3/9/2021 WP#03 Mechanical M222 LEVEL 2- POLICE MECHANICAL PLAN -EAST 3/8/2021 3/9/2021 WP#03 Mechanical M230 LEVELI - RANGE MECHANICAL PLAN 3/8/2021 3/9/2021 WP#03 Mechanical M290 ROOF- POLICE MECHANICAL OVERALL PLAN 3/8/2021 3/9/2021 WP#03 Mechanical M291 ROOF- POLICE MECHANICAL PLAN -WEST 3/8/2021 3/9/2021 WP#03 Mechanical M292 ROOF- POLICE MECHANICAL PLAN - EAST 3/8/2021 3/9/2021 WP#03 Mechanical M293 ROOF- RANGE MECHANICAL PLAN 3/8/2021 3/9/2021 WP#03 Mechanical M301 MECHANICAL ENLARGED PLAN 3/8/2021 3/9/2021 WP#03 Mechanical M401 MECHANICAL CONTROLS 3/8/2021 3/9/2021 WP#03 Mechanical M402 MECHANICAL CONTROLS 3/8/2021 3/9/2021 WP#03 Mechanical M501 MECHANICAL DETAILS 3/8/2021 3/9/2021 WP#03 Mechanical M502 MECHANICAL DETAILS 3/8/2021 3/9/2021 WP#03 Mechanical M503 MECHANICAL DETAILS 3/8/2021 3/9/2021 WP#03 Electrical E001 ELECTRICAL LEGEND AND NOTES 3/8/2021 3/9/2021 WP#03 Electrical E002 ELECTRICAL ONE LINE 3/31/2021 3/31/2021 WP#03- Addendum 2 Electrical E003 ELECTRICAL ONE LINE 3/31/2021 3/31/2021 WP#03- Addendum 2 Electrical E010 ELECTRICAL SCHEDULES 3/31/2021 3/31/2021 WP#03- Addendum 2 Electrical E011 ELECTRICAL SCHEDULES 3/31/2021 3/31/2021 WP#03- Addendum 2 Electrical E012 ELECTRICAL SCHEDULES 3/31/2021 3/31/2021 WP#03- Addendum 2 Electrical E013 ELECTRICAL SCHEDULES 3/31/2021 3/31/2021 WP#03- Addendum 2 Electrical E014 ELECTRICAL SCHEDULES 3/31/2021 3/31/2021 WP#03-Addendum2 Electrical E015 ELECTRICAL SCHEDULES 3/31/2021 3/31/2021 WP#03- Addendum 2 Electrical E016 ELECTRCAL SCHEDULES 3/31/2021 3/31/2021 WP#03- Addendum 2 Electrical E030 LIGHT FIXTURE SCHEDULES 3/31/2021 3/31/2021 WP#03- Addendum 2 Electrical E031 LIGHTING CONTROL 3/8/2021 3/9/2021 WP#03 Electrical E100 SITE- UNDERGROUND ELECTRICAL PLAN 3/8/2021 3/9/2021 WP#03 Electrical E101 SITE -ELECTRICAL PLAN 3/8/2021 3/9/2021 WP#03 Electrical E103 SITE- ELECTRICAL ENLARGED PLAN 3/8/2021 3/9/2021 WP#03 Electrical E210 LEVELI - POLICE ELECTRICAL OVERALL PLAN 3/8/2021 3/9/2021 WP#03 Electrical E211 LEVEL 1 - POLICE ELECTRICAL PLAN - WEST 3/8/2021 3/9/2021 WP#03 Electrical E212 LEVELI - POLICE ELECTRICAL PLAN -EAST 3/8/2021 3/9/2021 WP#03 Electrical E220 LEVEL 2 - POLICE ELECTRICAL OVERALL PLAN 3/8/2021 3/9/2021 WP#03 Electrical E221 LEVEL 2- POLICE ELECTRICAL PLAN - WEST 3/8/2021 3/9/2021 WP#03 Electrical E222 LEVEL 2 - POLICE ELECTRICAL PLAN - EAST 3/8/2021 3/9/2021 WP#03 Electrical E223 ROOF - POLICE ELECTRICAL PLAN 3/8/2021 3/9/2021 WP#03 Electrical E230 LEVEL 1 - RANGE ELECTRICAL PLAN 3/8/2021 3/9/2021 WP#03 Electrical E260 ELECTRICAL ENLARGED PLAN 3/8/2021 3/9/2021 WP#03 Electrical E261 ELECTRICAL ENLARGED PLAN 3/8/2021 3/9/2021 WP#03 Electrical E262 ELECTRICAL ENLARGED PLAN - DISPATCH 3/31/2021 3/31/2021 WP#03- Addendum 2 Electrical E263 ELECTRICAL ENLARGED PLAN 3/8/2021 3/9/2021 WP#03 Electrical E311 LEVELI - POLICE LIGHTING RCP -WEST 3/8/2021 3/9/2021 WP#03 Electrical E312 LEVELI - POLICE LIGHTING RCP - EAST 3/8/2021 3/9/2021 WP#03 Electrical E321 LEVEL 2- POLICE LIGHTING RCP - WEST 3/8/2021 3/9/2021 WP#03 Electrical E322 LEVEL2- POLICE LIGHTING RCP - EAST 3/8/2021 3/9/2021 WP#03 Electrical E330 LEVELI - RANGE LIGHTING RCP 3/8/2021 3/9/2021 WP#03 Electrical E360 LIGHTING ENLARGED PLAN -STAFF STAIR 3/31/2021 3/31/2021 WP#03- Addendum 2 Electrical E361 LIGHTING ENLARGED PLAN -TRAINING 3/8/2021 3/9/2021 WP#03 Electrical E401 LIGHTING ELEVATIONS 3/8/2021 3/9/2021 WP#03 Electrical E402 LIGHTING ELEVATIONS 3/31/2021 3/31/2021 WP#03- Addendum 2 Electrical E410 LIGHTING SECTIONS 3/8/2021 3/9/2021 WP#03 Electrical E510 LEVELI - POLICE MECH POWER PLAN 3/8/2021 3/9/2021 WP#03 Electrical E520 LEVEL 2 - POLICE MECH POWER PLAN 3/8/2021 3/9/2021 WP#03 VIFLINTCO Exhibit C - Enumeration of Documents Drawings Electrical Drawing No. E530 DrawingTitle LEVELI - RANGE MECH POWER PLAN DrawingDiscipline 3/31/2021 3/31/2021 WP#03-Addendum2 Electrical E610 LEVELI-FIRE ALARM PLAN 3/31/2021 3/31/2021 WP#03- Addendum 2 Electrical E620 LEVEL 2-FIRE ALARM PLAN 3/31/2021 3/31/2021 WP#03- Addendum 2 Electrical E630 LEVELI - RANGE FIRE ALARM PLAN 3/31/2021 3/31/2021 WP#03- Addendum 2 Electrical E701 ELECTRICAL DETAILS 3/8/2021 3/9/2021 WP#03 Electrical E702 ELECTRICAL DETAILS 3/8/2021 3/9/2021 WP#03 Electrical E703 ELECTRICAL DETAILS 3/8/2021 3/9/2021 WP#03 Electrical E704 ELECTRICAL DETAILS 3/8/2021 3/9/2021 WP#03 Plumbing P001 PLUMBING LEGEND AND NOTES 3/8/2021 3/9/2021 WP#03 Plumbing P002 PLUMBING SCHEDULES 3/8/2021 3/9/2021 WP#03 Plumbing P003 PLUMBING SCHEDULES 3/8/2021 3/9/2021 WP#03 Plumbing P101 SITE -PLUMBING PLAN 3/8/2021 3/9/2021 WP#03 Plumbing P210 LEVELI - POLICE PLUMBING OVERALL PLAN 3/8/2021 3/9/2021 WP#03 Plumbing P21OU LEVELI - POLICE PLUMBING UNDERGROUND OVERALL PLAN 3/8/2021 3/9/2021 WP#03 Plumbing P211 LEVELI - POLICE PLUMBING PLAN - WEST 3/31/2021 3/31/2021 WP#03- Addendum 2 Plumbing P211U LEVELI -POLICE PLUMBING UNDERGROUND PLAN WEST 3/31/2021 3/31/2021 WP#03- Addendum 2 Plumbing P212 LEVELI - POLICE PLUMBING PLAN - EAST 3/8/2021 3/9/2021 WP#03 Plumbing P212U LEVEL 1 - POLICE PLUMBING UNDERGROUND PLAN - EAST 3/8/2021 3/9/2021 WP#03 Plumbing P220 LEVEL 2- POLICE PLUMBING OVERALL PLAN 3/8/2021 3/9/2021 WP#03 Plumbing P221 LEVEL 2- POLICE PLUMBING PLAN - WEST 3/8/2021 3/9/2021 WP#03 Plumbing P222 LEVEL 2- POLICE PLUMBING PLAN - EAST 3/8/2021 3/9/2021 WP#03 Plumbing P230 LEVEL 1 - RANGE PLUMBING PLAN 3/8/2021 3/9/2021 WP#03 Plumbing P230U LEVELI - RANGE PLUMBING UNDERGROUND PLAN 3/8/2021 3/9/2021 WP#03 Plumbing P290 ROOF - POLICE PLUMBING OVERALL PLAN 3/8/2021 3/9/2021 WP#03 Plumbing P291 ROOF- POLICE PLUMBING PLAN - WEST 3/8/2021 3/9/2021 WP#03 Plumbing P292 ROOF- POLICE PLUMBING PLAN - EAST 3/8/2021 3/9/2021 WP#03 Plumbing P293 ROOF- RANGE PLUMBING PLAN 3/8/2021 3/9/2021 WP#03 Plumbing P301 PLUMBING ENLARGED PLANS 3/8/2021 3/9/2021 WP#03 Plumbing P302 PLUMBING ENLARGED PLANS 3/8/2021 3/9/2021 WP#03 Plumbing P303 PLUMBING ENLARGED PLANS 3/8/2021 3/9/2021 WP#03 Plumbing P304 PLUMBING ENLARGED PLANS 3/8/2021 3/9/2021 WP#03 Plumbing P401 SANITARY ISOMETRICS 3/8/2021 3/9/2021 WP#03 Plumbing P402 SANITARY ISOMETRICS 3/8/2021 3/9/2021 WP#03 Plumbing P403 SANITARY ISOMETRICS 3/8/2021 3/9/2021 WP#03 Plumbing P404 SANITARY ISOMETRICS 3/8/2021 3/9/2021 WP#03 Plumbing P405 GAS ISOMETRICS 3/8/2021 3/9/2021 WP#03 Plumbing P406 GAS ISOMETRICS 3/8/2021 3/9/2021 WP#03 Plumbing P407 GAS ISOMETRICS 3/8/2021 3/9/2021 WP#03 Plumbing P501 PLUMBING DETAILS 3/8/2021 3/9/2021 WP#03 Plumbing P502 PLUMBING DETAILS 3/8/2021 3/9/2021 WP#03 Plumbing P503 PLUMBING DETAILS 3/8/2021 3/9/2021 WP#03 Fire Protection FP001 FIRE PROTECTION LEGEND AND NOTES 3/8/2021 3/9/2021 WP#03 Fire Protection FP210 LEVEL 1- POLICE FIRE PROTECTION OVERALL PLAN 3/8/2021 3/9/2021 WP#03 Fire Protection FP220 LEVEL 2 - POLICE FIRE PROTECTION OVERALL PLAN 3/31/2021 3/31/2021 WP#03 -Addendum 2 Fire Protection FP230 LEVELI- RANGE& ASSET FIRE PROTECTION PLANS 3/8/2021 3/9/2021 WP#03 AUDIO/VISUAL AV001 AUDIOVISUAL LEGEND 3/8/2021 3/9/2021 WP#03 AUDIO/VISUAL AV002 AUDIOVISUAL ONE LINE 3/8/2021 3/9/2021 WP#03 AUDIO/VISUAL AV003 AUDIOVISUAL ONE LINE 3/8/2021 3/9/2021 WP#03 AUDIO/VISUAL AV004 AUDIOVISUAL ONE LINE 3/8/2021 3/9/2021 WP#03 AUDIO/VISUAL AV005 AUDIOVISUAL ONE LINE 3/8/2021 3/9/2021 WP#03 AUDIO/VISUAL AV006 AUDIOVISUAL ONE LINE 3/8/2021 3/9/2021 WP#03 AUDIO/VISUAL AV007 AUDIOVISUAL ONE LINE 3/8/2021 3/9/2021 WP#03 AUDIO/VISUAL AV008 AUDIOVISUAL SCHEDULES 3/8/2021 3/9/2021 WP#03 AUDIO/VISUAL AV210 LEVELI - POLICE AUDIOVISUAL OVERALL PLAN 3/8/2021 3/9/2021 WP#03 AUDIO/VISUAL AV211 LEVELI - POLICE AUDIOVISUAL PLAN - EAST 3/8/2021 3/9/2021 WP#03 AUDIO/VISUAL AV212 LEVELI - POLICE AUDIO/VISUAL PLAN - WEST 3/8/2021 3/9/2021 WP#03 AUDIO/VISUAL AV220 LEVEL 2- POLICE TECHNOLOGY OVERALL PLAN 3/8/2021 3/9/2021 WP#03 AUDIO/VISUAL AV221 LEVEL 2- POLICE TECHNOLOGY PLAN - WEST 3/8/2021 3/9/2021 WP#03 AUDIO/VISUAL AV222 LEVEL 2 - POLICE TECHNOLOGY PLAN - EAST 3/8/2021 3/9/2021 WP#03 AUDIO/VISUAL AV230 LEVELI - RANGE TECHNOLOGY PLAN 3/8/2021 3/9/2021 WP#03 AUDIO/VISUAL AV301 AUDIOVISUAL ENLARGED PLAN 3/8/2021 3/9/2021 WP#03 AUDIO/VISUAL AV302 AUDIO/VISUAL ENLARGED PLAN 3/8/2021 3/9/2021 WP#03 AUDIO/VISUAL AV303 AUDIO/VISUALENLARGEO PLAN 3/8/2021 3/9/2021 WP#03 AUDIO/VISUAL AV401 AUDIO/VISUAL DETAILS 3/8/2021 3/9/2021 WP#03 Telecommunications T001 TECHNOLOGY LEGEND AND NOTES 3/8/2021 3/9/2021 WP#03 Telecommunications T002 TECHNOLOGY LEGEND AND NOTES 3/8/2021 3/9/2021 WP#03 Telecommunications T003 TECHNOLOGY ONE LINE 3/8/2021 3/9/2021 WP#03 Telecommunications T004 TECHNOLOGY SCHEDULES 3/8/2021 3/9/2021 WP#03 Telecommunications T210 LEVELI - POLICE TECHNOLOGY OVERALL PLAN 3/8/2021 3/9/2021 WP#03 Telecommunications T211 LEVEL 1 - POLICE TECHNOLOGY PLAN - WEST 3/8/2021 3/9/2021 WP#03 Telecommunications T212 LEVELI - POLICE TECHNOLOGY PLAN - EAST 3/8/2021 3/9/2021 WP#03 Telecommunications T220 LEVEL 2 - POLICE TECHNOLOGY OVERALL PLAN 3/8/2021 3/9/2021 WP#03 Telecommunications T221 LEVEL 2- POLICE TECHNOLOGY PLAN - WEST 3/8/2021 3/9/2021 WP#03 Telecommunications T222 LEVEL 2- POLICE TECHNOLOGY PLAN - EAST 3/8/2021 3/9/2021 WP#03 Telecommunications T230 LEVELI - RANGE TECHNOLOGY PLAN 3/8/2021 3/9/2021 WP#03 Telecommunications T311 LEVELI - POLICE SECURITY PLAN - WEST 3/8/2021 3/9/2021 WP#03 Telecommunications T312 LEVEL 1- POLICE SECURITY PLAN - EAST 3/8/2021 3/9/2021 WP#03 Telecommunications T321 LEVEL 2- POLICE SECURITY PLAN - WEST 3/8/2021 3/9/2021 WP#03 Telecommunications T322 LEVEL 2- POLICE SECURITY PLAN - EAST 3/8/2021 3/9/2021 WP#03 Telecommunications T330 LEVELI - RANGE SECURITY PLAN 3/8/2021 3/9/2021 WP#03 Telecommunications T401 TECHNOLOGY ENLARGED PLAN 3/8/2021 3/9/2021 WP#03 Telecommunications T402 TECHNOLOGY ENLARGED PLAN 3/8/2021 3/9/2021 WP#03 Telecommunications T501 TECHNOLOGY DETAILS 3/8/2021 3/9/2021 WP#03 Telecommunications T502 TECHNOLOGY DETAILS 3/8/2021 3/9/2021 WP#03 Telecommunications T503 TECHNOLOGY DETAILS 3/8/2021 3/9/2021 WP#03 Telecommunications T504 TECHNOLOGY DETAILS 3/8/2021 3/9/2021 WP#03 VIF—rL— LINTCO Exhibit C - Enumeration of Documents Specifications Division 00- Procurement and Contracting Requirements Number 003143 Description Permit Application Issued Date 3/8/2021 Received Date 3/9/2021 Set WP#3 00- Procurement and Contracting Requirements 000110 Table of Contents 3/8/2021 3/9/2021 WP#3 01- General Requirements 010100 Summary of Work 3/8/2021 3/9/2021 WP#3 01- General Requirements 010200 Cash Allowances 3/8/2021 3/9/2021 WP#3 01- General Requirements 010250 MEASUREMENTAND PAYMENT 3/8/2021 3/9/2021 WP#3 01- General Requirements 010300 Alternates 3/23/2021 3/23/2021 WP#03- Addendum l 01- General Requirements 010400 COORDINATION 3/8/2021 3/9/2021 WP#3 01- General Requirements 010450 CUTTING AND PATCHING 3/8/2021 3/9/2021 WP#3 01- General Requirements 010500 FIELD ENGINEERING 3/8/2021 3/9/2021 WP#3 01- General Requirements 010600 REGULATORY REQUIREMENTS 3/8/2021 3/9/2021 WP#3 01- General Requirements 012000 Project Meetings 3/8/2021 3/9/2021 WP#3 01- General Requirements 013100 Project Management and Coordination 3/8/2021 3/9/2021 WP#3 01- General Requirements 013200 Construction Progress Documentation 3/8/2021 3/9/2021 WP#3 01- General Requirements 013300 Submittal Procedures 3/8/2021 3/9/2021 WP#3 01- General Requirements 014000 QUALITY REQUIREMENTS 3/8/2021 3/9/2021 WP#3 01- General Requirements 014200 References 3/8/2021 3/9/2021 WP#3 01- General Requirements 014300 Mock -Up Procedures 3/8/2021 3/9/2021 WP#3 01- General Requirements 014523 Code Required Special Inspections and Procedures 3/8/2021 3/9/2021 WP#3 01- General Requirements 015000 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 3/8/2021 3/9/2021 WP#3 01- General Requirements 016000 Materials and Equipment 3/8/2021 3/9/2021 WP#3 01- General Requirements 017000 CONTRACT CLOSEOUT 3/8/2021 3/9/2021 WP#3 01- General Requirements 017100 Cleaning 3/8/2021 3/9/2021 WP#3 01- General Requirements 017200 Project Record Documents 3/8/2021 3/9/2021 WP#3 01- General Requirements 017300 Operation and Maintenance Data 3/8/2021 3/9/2021 WP#3 01- General Requirements 017400 WARRANTIES AND BONDS 3/8/2021 3/9/2021 WP#3 01-General Requirements 017419 Construction Waste Management 3/8/2021 3/9/2021 WP#3 01- General Requirements 017900 Minimum Owner Training requirements 3/8/2021 3/9/2021 WP#3 01- General Requirements 018113 LEED Certification Requirements 3/8/2021 3/9/2021 WP#3 01- General Requirements 018119 Indoor Air Quality Management 3/8/2021 3/9/2021 WP#3 01- General Requirements 018200 Demonstration&ampTraining 3/8/2021 3/9/2021 WP#3 01- General Requirements 019113 General Commissioning Requiremets 3/8/2021 3/9/2021 WP#3 03-Concrete 03 11 13 Structural Concrete Forming 3/8/2021 3/9/2021 WP#3 03 - Concrete 031115 Expanded Polystyrene Foam Block Formwork 3/8/2021 3/9/2021 WP#3 03-Concrete 031500 Cast -In Anchors and Embeds 3/8/2021 3/9/2021 WP#3 03 - Concrete 03 20 00 Concrete Reinforcing 3/8/2021 3/9/2021 WP#3 03-Concrete 03 30 13 Conrete Footings 3/8/2021 3/9/2021 WP#3 03 - Concrete 03 30 53 Civil Site Concrete 3/8/2021 3/9/2021 WP#3 03-Concrete 033100 Structural Concrete 3/8/2021 3/9/2021 WP#3 03-Concrete 033150 Grouts 3/8/2021 3/9/2021 WP#3 03-Concrete 033543 Bonded Abrasive Polished Concrete 3/8/2021 3/9/2021 WP#3 03 - Concrete 03 36 60 Concrete Floor Sealer 3/8/2021 3/9/2021 WP#3 03-Concrete 036214 Grouting Steel Base Plates 3/8/2021 3/9/2021 WP#3 04-Masonry 040513 Masonry Mortar 3/8/2021 3/9/2021 WP#3 04-Masonry 042200 Concrete Unit Masonry 3/23/2021 3/23/2021 WP#03- Addendum l 04-Masonry 044000 Stone 3/23/2021 3/23/2021 WP#03- Addendum l 04-Masonry 047200 Cast Stone 3/8/2021 3/9/2021 WP#3 04-Masonry 047323 Calcium Silicate Manufactured Building Stone Masonry 3/8/2021 3/9/2021 WP#3 05-Metals 050100 Miscellaneous Metals 3/8/2021 3/9/2021 WP#3 05-Metals 051200 Structural Steel Framing 3/8/2021 3/9/2021 WP#3 05- Metals 05 21 00 Steel Joists 3/8/2021 3/9/2021 WP#3 05 - Metals 053114 Steel Composite Floor Decking 3/8/2021 3/9/2021 WP#3 05 - Metals 05 31 23 Steel Roof Decking 3/8/2021 3/9/2021 WP#3 05 - Metals 05 40 00 Cold -Formed Metal Stud Framing 3/8/2021 3/9/2021 WP#3 05-Metals 055113 Metal Stairs and Railings 3/8/2021 3/9/2021 WP#3 05 - Metals 05 73 50 Perforated Metal 3/8/2021 3/9/2021 WP#3 06 - Wood, Plastics, and Composites 06 16 53 Sheathing 3/8/2021 3/9/2021 WP#3 07-Thermal and Moisture Protection 071326 Blindside Waterproofing 3/8/2021 3/9/2021 WP#3 07- Thermal and Moisture Protection 071950 Vapor Barrier 3/8/2021 3/9/2021 WP#3 07-Thermal and Moisture Protection 072000 Insulation 3/8/2021 3/9/2021 WP#3 07-Thermal and Moisture Protection 072413 Exterior Insulation and Finish System (EIFS 3/8/2021 3/9/2021 WP#3 07-Thermal and Moisture Protection 072423 Direct Applied Exterior Finish System DEFS 3/8/2021 3/9/2021 WP#3 07- Thermal and Moisture Protection 072720 Fluid -Applied Membrane Weather Barrier 3/8/2021 3/9/2021 WP#3 07-Thermal and Moisture Protection 074217 Metal Panels 3/8/2021 3/9/2021 WP#3 07- Thermal and Moisture Protection 074244 Composite Metal Panels (Aluminum -Faced) 3/31/2021 3/31/2021 WP#03-Adde7um2 07 -Thermal and Moisture Protection 07 54 23 Thermoplastic Roof System (TPO 3/8/2021 3/9/2021 WP#3 07- Thermal and Moisture Protection 076000 Flashing and Sheet Metal 3/8/2021 3/9/2021 WP#3 07- Thermal and Moisture Protection 077200 Roof Hatches 3/8/2021 3/9/2021 WP#3 07- Thermal and Moisture Protection 078400 Firestopping 3/8/2021 3/9/2021 WP#3 07- Thermal and Moisture Protection 079200 Sealants&amp Caulking 3/8/2021 3/9/2021 WP#3 08-Openings 081113 Hollow Metal Doors and Frames 3/8/2021 3/9/2021 WP#3 08 - Openings 08 33 23 Overhead Coiling Doors 3/8/2021 3/9/2021 WP#3 08-Openings 083600 Sectional Overhead Doors 3/8/2021 3/9/2021 WP#3 08 - Openings 08 40 00 Entrances and Storefronts 3/8/2021 3/9/2021 WP#3 08- Openings 08 70 00 Hardware 3/23/2021 3/23/2021 WP#03-Addendum 1 08-Openings 087001 Hardware at Aluminum Doors 3/31/2021 3/31/2021 WP#03- Addendum l 08-Openings 088000 Glazing 3/8/2021 3/9/2021 WP#3 09-Finishes 092423 Plaster 3/8/2021 3/9/2021 WP#3 09-Finishes 092900 Gypsum Board 3/23/2021 3/23/2021 WP#03-Addendum1 09-Finishes 095123 Acoustical Tile Ceilings 3/23/2021 3/23/2021 WP#03- Addendum l 09-Finishes 095151 Cube Ceiling Systems 3/31/2021 3/31/2021 WP#03- Addendum l 10-Specialties 100001 Miscellaneous Specialites 3/8/2021 3/9/2021 WP#3 10-Specialties 104200 Plaque 3/8/2021 3/9/2021 WP#3 10 - Specialties 10 43 00 Exterior Signs 3/8/2021 3/9/2021 WP#3 10 - Specialties 10 73 00 Protective Covers 3/8/2021 3/9/2021 WP#3 10-Specialties 107516 Flagpoles 3/23/2021 3/23/2021 WP#03-Addenduml 10 - Specialties 10 82 13 Roof Screens 3/8/2021 3/9/2021 WP#3 11- Equipment 1112 30 Exterior Gate Operators 3/8/2021 3/9/2021 WP#3 14- Conveying Equipment 142446 Hydraulic Elevators- holeless and machine room less and standard hydraulic 3/8/2021 3/9/2021 WP#3 VIFLINTCO Exhibit C - Enumeration of Documents Specifications Division 21- Fire Suppression Number 210500 Description COMMON WORK RESULTS FOR FIRE SUPPRESSION Issued Date 3/8/2021 Received Date 3/9/2021 Set WP#3 21 - Fire Suppression 21 09 00 Fire Suppression System Automation and Automatic Control System 3/8/2021 3/9/2021 WP#3 21- Fire Suppression 211300 Fire Suppression Sprinkler Systems 3/8/2021 3/9/2021 WP#3 21- Fire Suppression 211319 Preaction Suppression Systems 3/8/2021 3/9/2021 WP#3 21- Fire Suppression 212200 Clean -Agent Fire Extinguishing Systems 3/8/2021 3/9/2021 WP#3 21- Fire Suppression 219000 Fire Suppression System Project Closeout 3/8/2021 3/9/2021 WP#3 22-Plumbing 220500 COMMON WORK RESULTS FOR PLUMBING 3/8/2021 3/9/2021 WP#3 22-Plumbing 220550 Plumbing Seismic Restraints 3/8/2021 3/9/2021 WP#3 22-Plumbing 220700 Plumbing Insulation 3/8/2021 3/9/2021 WP#3 22-Plumbing 220800 Commissioning of Plumbing Systems 3/8/2021 3/9/2021 WP#3 22-Plumbing 220900 Plumbing Automation and Automatic Temperature Control System 3/8/2021 3/9/2021 WP#3 22-Plumbing 221000 Plumbing Piping 3/8/2021 3/9/2021 WP#3 22-Plumbing 221500 Compressed Air System 3/8/2021 3/9/2021 WP#3 22-Plumbing 222123 Natural Gas Systems 3/8/2021 3/9/2021 WP#3 22-Plumbing 223000 Plumbing Equipment 3/8/2021 3/9/2021 WP#3 22-Plumbing 224000 Plumbing Fixtures 3/8/2021 3/9/2021 WP#3 22 - Plumbing 22 90 00 Plumbing Project Closeout 3/8/2021 3/9/2021 WP#3 23- Heating, Ventilating, and Air Conditioning (HVAC) 230501 Mechanical and Electrical Coordination 3/8/2021 3/9/2021 WP#3 23 - Heating, Ventilating, and Air Conditioning (HVAC) 23 05 02 Basic Mechanical Requirements 3/8/2021 3/9/2021 WP#3 23- Heating, Ventilating, and Air Conditioning (HVAC) 230503 Basic Mechanical Materials and Methods 3/8/2021 3/9/2021 WP#3 23 - Heating, Ventilating, and Air Conditioning (HVAC) 23 05 13 Motors and Starters 3/8/2021 3/9/2021 WP#3 23- Heating, Ventilating, and Air Conditioning (HVAC) 230521 Pipe and Pipe Fittings 3/8/2021 3/9/2021 WP#3 23 - Heating, Ventilating, and Air Conditioning (HVAC) 23 05 22 Piping Accessories 3/8/2021 3/9/2021 WP#3 23- Heating, Ventilating, and Air Conditioning (HVAC) 230523 Valves 3/8/2021 3/9/2021 WP#3 23 - Heating, Ventilating, and Air Conditioning (HVAC) 23 05 29 Pipe Supports and Anchors 3/8/2021 3/9/2021 WP#3 23- Heating, Ventilating, and Air Conditioning (HVAC) 230530 Electronic Speed Controllers 3/8/2021 3/9/2021 WP#3 23 - Heating, Ventilating, and Air Conditioning (HVAC) 230548 Vibration Control 3/8/2021 3/9/2021 WP#3 23- Heating, Ventilating, and Air Conditioning (HVAC) 230549 Seismic Restraints 3/8/2021 3/9/2021 WP#3 23- Heating, Ventilating, and Air Conditioning (HVAC) 230553 Mechanical Identification 3/8/2021 3/9/2021 WP#3 23- Heating, Ventilating, and Air Conditioning (HVAC) 230593 Test -Adjust -Balance 3/8/2021 3/9/2021 WP#3 23- Heating, Ventilating, and Air Conditioning (HVAC) 230700 Mechanical Insulation 3/8/2021 3/9/2021 WP#3 23- Heating, Ventilating, and Air Conditioning (HVAC) 230800 Commissioning of HVAC Systems 3/8/2021 3/9/2021 WP#3 23- Heating, Ventilating, and Air Conditioning (HVAC) 230900 Building Automation and Automatic Temp Control System 3/8/2021 3/9/2021 WP#3 23- Heating, Ventilating, and Air Conditioning (HVAC) 232300 Refrigerant Piping 3/8/2021 3/9/2021 WP#3 23 - Heating, Ventilating, and Air Conditioning (HVAC) 233113 Ductwork 3/8/2021 3/9/2021 WP#3 23- Heating, Ventilating, and Air Conditioning (HVAC) 233300 Ductwork Accessories 3/8/2021 3/9/2021 WP#3 23 - Heating, Ventilating, and Air Conditioning (HVAC) 233400 HVAC Fans 3/8/2021 3/9/2021 WP#3 23- Heating, Ventilating, and Air Conditioning (HVAC) 233600 Air Terminals Units 3/8/2021 3/9/2021 WP#3 23 - Heating, Ventilating, and Air Conditioning (HVAC) 23 37 00 Air Inlets and Outlets 3/8/2021 3/9/2021 WP#3 23- Heating, Ventilating, and Air Conditioning (HVAC) 234000 Air Cleaning 3/8/2021 3/9/2021 WP#3 23- Heating, Ventilating, and Air Conditioning (HVAC) 235100 Flue Systems 3/8/2021 3/9/2021 WP#3 23- Heating, Ventilating, and Air Conditioning (HVAC) 237400 Packaged Rooftop Air Conditioning Units 3/8/2021 3/9/2021 WP#3 23 - Heating, Ventilating, and Air Conditioning (HVAC) 238119 Air Conditioning units / Heat Pumps 3/8/2021 3/9/2021 WP#3 23 - Heating, Ventilating, and Air Conditioning (HVAC) 23 81 23 Electronic Room Air Conditions Unit 3/8/2021 3/9/2021 WP#3 23 - Heating, Ventilating, and Air Conditioning (HVAC) 238126 Split System Air Conditioners 3/8/2021 3/9/2021 WP#3 23- Heating, Ventilating, and Air Conditioning (HVAC) 238239 Heating Terminal Units 3/8/2021 3/9/2021 WP#3 23 - Heating, Ventilating, and Air Conditioning (HVAC) 23 90 00 Project Closeout 3/8/2021 3/9/2021 WP#3 26-Electrical 260500 Electrical Requirements 3/8/2021 3/9/2021 WP#3 26-Electrical 260502 BASIC MATERAILS AND METHODS 3/8/2021 3/9/2021 WP#3 26-Electrical 260503 Manufacturers 3/8/2021 3/9/2021 WP#3 26-Electrical 260510 Testing 3/8/2021 3/9/2021 WP#3 26-Electrical 260519 Electrical Power Conductors and Cables 3/8/2021 3/9/2021 WP#3 26 - Electrical 26 05 26 Grounding and Bonding 3/8/2021 3/9/2021 WP#3 26-Electrical 260529 Hangers and Supports 3/8/2021 3/9/2021 WP#3 26 - Electrical 26 05 33 RACEWAYS AND BOXES 3/8/2021 3/9/2021 WP#3 26-Electrical 260539 Underfloor Manufactured Wiring Systems 3/8/2021 3/9/2021 WP#3 26-Electrical 260543 Underground Ducts, Raceways and Manholes 3/8/2021 3/9/2021 WP#3 26-Electrical 260548 Vibration and Seismic Controls 3/8/2021 3/9/2021 WP#3 26 - Electrical 26 05 53 Identification 3/8/2021 3/9/2021 WP#3 26-Electrical 260800 Commissioning of Electrical Systems 3/8/2021 3/9/2021 WP#3 26-Electrical 260913 Electrical Power Monitoring -Tenant Submetering 3/8/2021 3/9/2021 WP#3 26-Electrical 260943 Lighting Control System 3/8/2021 3/9/2021 WP#3 26 - Electrical 26 09 44 Wireless Network Lighting Control 3/8/2021 3/9/2021 WP#3 26-Electrical 262213 Low -Voltage Distribution Transformers 3/8/2021 3/9/2021 WP#3 26 - Electrical 26 23 00 Low -Voltage Switchgear 3/8/2021 3/9/2021 WP#3 26-Electrical 262413 Distribution Switchboards 3/8/2021 3/9/2021 WP#3 26-Electrical 262416 Panelboards 3/8/2021 3/9/2021 WP#3 26-Electrical 262726 Wiring Devices 3/8/2021 3/9/2021 WP#3 26 - Electrical 26 28 16 Enclosed Switches, Fuses and Circuit Breakers 3/8/2021 3/9/2021 WP#3 26-Electrical 263214 Gas -Engine Driven Generator Sets 3/8/2021 3/9/2021 WP#3 26-Electrical 263353 Static Uninterruptable Power Supply 3/8/2021 3/9/2021 WP#3 26-Electrical 263623 Automatic Transfer Switches 3/8/2021 3/9/2021 WP#3 26 - Electrical 264113 Lightning Protection for Structures 3/8/2021 3/9/2021 WP#3 26 - Electrical 264313 Surge Protective Device (SPD) Selenium Enhanced 3/8/2021 3/9/2021 WP#3 26 - Electrical 26 43 14 Surge Protective Device (SPD 3/8/2021 3/9/2021 WP#3 26-Electrical 265000 Lighting 3/8/2021 3/9/2021 WP#3 26-Electrical 265613 Poles and Standards 3/8/2021 3/9/2021 WP#3 26- Electrical 26 90 00 Project Closeout 3/8/2021 3/9/2021 WP#3 27-Communications 270500 Common Work Results for Communications 3/8/2021 3/9/2021 WP#3 27-Communications 270526 Telecommunications Grounding and Bonding 3/8/2021 3/9/2021 WP#3 27-Communications 270533 Telecommunications Raceways and Boxes 3/8/2021 3/9/2021 WP#3 27-Communications 270536 Ca ble Tray 3/8/2021 3/9/2021 WP#3 27-Communications 270543 Underground Ducts, Raceways and Manholes 3/8/2021 3/9/2021 WP#3 27-Communications 271100 Communications Equipment Room Fit -Out 3/8/2021 3/9/2021 WP#3 27-Communications 271313 Communications Copper Backbone Cabling 3/8/2021 3/9/2021 WP#3 27-Communications 271323 Communications Optical Fiber Backbone Cabling 3/8/2021 3/9/2021 WP#3 27-Communications 271500 Communications Horizontal Cabling 3/8/2021 3/9/2021 WP#3 27-Communications 274100 Audio Visual Systems 3/8/2021 3/9/2021 WP#3 VIF—rL— LINTCO Exhibit C - Enumeration of Documents Specifications Division 27-Communications Number 274140 Description CAN Distribution System Issued Date 3/8/2021 Received Date 3/9/2021 Set WP#3 28- Electronic Safety a nd Security 280000 Security Systems - General 3/8/2021 3/9/2021 WP#3 28 - Electronic Safety and Security 28 00 01 Security System Monitoring and Controls 3/8/2021 3/9/2021 WP#3 28- Electronic Safety a nd Secu rity 281300 Access Control 3/8/2021 3/9/2021 WP#3 28 - Electronic Safety and Security 28 23 00 Video Surveillance System 3/8/2021 3/9/2021 WP#3 28- Electronic Safety and Security 284600 Electronic Detention Monitoring and Control Systems 3/8/2021 3/9/2021 WP#3 31-Earthwork 311000 Site Clearing and Demolition 3/8/2021 3/9/2021 WP#3 31-Earthwork 312319 Dewatering 3/8/2021 3/9/2021 WP#3 31-Earthwork 313116 Termite Control 3/8/2021 3/9/2021 WP#3 32- Exterior Improvements 321216 Hot -Mix Asphalt Paving 3/8/2021 3/9/2021 WP#3 32 - Exterior Improvements 32 13 13 Concrete Paving 3/8/2021 3/9/2021 WP#3 32- Exterior Improvements 321823 Synthetic Turf 3/8/2021 3/9/2021 WP#3 32 - Exterior Improvements 323113 Chain Link Fencing 3/8/2021 3/9/2021 WP#3 32- Exterior Improvements 323119 Metal Fencing 3/8/2021 3/9/2021 WP#3 32 - Exterior Improvements 323120 Metal Screen Fencing 3/8/2021 3/9/2021 WP#3 32- Exterior Improvements 328400 Planting Irrigation 3/8/2021 3/9/2021 WP#3 32 - Exterior Improvements 32 92 10 Turf Sodding 3/8/2021 3/9/2021 WP#3 32- Exterior Improvements 329220 Turf Seeding 3/8/2021 3/9/2021 WP#3 32 - Exterior Improvements 32 93 00 Trees, Shrubs and Groundcover 3/8/2021 3/9/2021 WP#3 33-Utilities 330500 Common Work Results for Utilities 3/8/2021 3/9/2021 WP#3 33 - Utilities 33 20 00 Standard Specification for Design and Construction of Water Lines and Sewer Lines 3/8/2021 3/9/2021 WP#3 33-Utilities 334100 Storm Drainage 3/8/2021 3/9/2021 WP#3 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 FACILITIES MANAGEMENT (140) 2021 Requestor: Wade Abernathy BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of Change Order #4 with Flintco, LLC, to RFQ#19-05 Contract for the Police Headquarters Facilities Project in the amount of $8,654,440.00 and approve a Budget Adjustement. COUNCIL DATE: 6/15/2021 LEGISTAR FILE ID#: 2021 -0432 Matthm Maddar 5/27/2021 2:33 PM Budget Director TYPE: JOURNAL #: Date D - (City Council) GLDATE: 6/15/2021 RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL - _ v.20210309 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4609.860.7900-5804.00 8,654,440 - 46090 7900.8040 EX Building Costs 4609.860.7999-5899.00 (8,654,440) - 46090 7999 EX Unallocated - Budget K:\Budget Adjustments\2021_Budget\City Council\06-15-2021\2021-0432 BA PDHQ C04 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0431 Agenda Date: 6/15/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.6 PARKS AND RECREATION DONATION REVENUE: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $14,891.00 RECOGNIZING DONATION REVENUE FROM CITIZENS AND LOCAL BUSINESSES TO THE PARKS AND RECREATION DEPARTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in the total amount of $14,891.00 recognizing donation revenues from citizens and local businesses to the Parks and Recreation Department. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby expresses its sincere appreciation for the donations. City of Fayetteville, Arkansas Page 1 Printed on 61312021 City of Fayetteville Staff Review Form 2021-0431 Legistar File ID 6/15/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Connie Edmonston PARKS & RECREATION (520) Submitted By Submitted Date Division / Department Action Recommendation: 5/27/2021 Request for approval of a Budget Adjustment in the amount of $14,891.00 recognizing and allocating donation revenues from citizens and businesses made to the Parks and Recreation Department from January through May of 2021. Budget Impact: 1010.520.5260-5210.00, 1010.520.5260-5400.00, General 1010.520.5220-5342.00, 1010.520.5280-5342.00 Account Number Fund 33051.6, 33051.4, 33051.1, 33051.1001 & Parks &Recreation Donations 33051.7 Project Number Budgeted Item? Yes Does item have a cost? No Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 27,413.00 $ 10, 662.49 16,750.51 $ 14,891.00 31,641.51 Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 15, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff FROM: Connie Edmonston, Parks & Recreation Director DATE: May 27, 2021 CITY COUNCIL MEMO SUBJECT: Request for approval of a Budget Adjustment in the amount of $14,891.00 recognizing and allocating donation revenues from citizens and businesses made to the Parks and Recreation Department from January to May of 2021. RECOMMENDATION: Request for approval of a Budget Adjustment in the amount of $14,891.00 recognizing and allocating donation revenues from citizens and businesses made to the Parks and Recreation Department from January to May of 2021. BACKGROUND: Citizens, organizations and businesses make donations to assist with various parks and recreation programs throughout the year. A total of $14,891 was donated to Parks and Recreation for the Lights of the Ozarks display, community gardens, bench donations, Gulley Park Concert Series, and Yvonne Richardson Community Center from January to May of 2021. DISCUSSION: Approval allows for the recognition of funds so that these funds may be used towards the intended use as designated by the donating party. A list of individual donors is provided as an attachment. Parks and Recreation appreciates each of these donors which allows us to provide quality programs and services to our citizens. Donors designated funds for the following: Park Maintenance for Lights of the Ozarks display: $ 416.00 Community Gardens: $1,115.00 3 Bench Donations: $6,000.00 Gulley Park Concert Donations $5,500.00 Yvonne Richardson Community Center: $1,860.00 TOTAL: $14,891.00 BUDGET/STAFF IMPACT: The budget will be increased in the amount of $14,891.00 within the appropriate accounts as shown on the Budget Adjustment. Attachments: List of Donations and Donor Budget Adjustment Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Parks & Recreation - Summary of Year -To -Date Donations Received - 2021 13A_T-rrl4lr From 50doet Revenue G/L Account that Check #, Cash, Gana la oan KERA cv to GLm EKOR50 Account Funds a donation was depDalted In Amount _ or Charga on lion itoceived From _ I7�lnatlon Pur so _ Gr_ U_R_ . el l # _ [@caenl;B don allcn7 to be Spent fro—aum �mm� U26/2021 1010 520 5220-4815 00 33051 1 $416.15 Cash .Anonmous donations Parks Maintenance - for LOTO Parks 24978554 Council Agenda Item BH' 1010 520 5260 5400 00 330511 2/25/2021-s/20/202110105205220-481500330517 $1.11500 Multiple Various donations received- Community Gardens Community Gardens Parks Multiple CouncitAgenda Item BH 1010 520 5260-5400 00 33051 7 1/71202110105205260-481501330514 $200000 Char a Jessica Newcomb Bench donafion Parks 24735856 Council A( enda Item BH 10105205260-521000330514 2/9/2021 polo 520 5260-4e15.01 a3051 4 $2,000 00 Charge Dawn Green Bench donation Parks 25186223 Council AcIencia Item BH 1010 520 5260521000 330514 4/14/2021 1010 520 5220-4615 00 33051 6 $a,0oo-00 CK# 2299 Collier Properties LLC Concert $ Parks 26407424 Council A enda Item LF 1010. 520 5220-531500 33051 6 5/5/2021 10105205220-481500330516 $375-00 CK# 1930 ElVabeth Linger Palk$ 26895420 COUf1CIlAgenda Item LF 1010 520 5220-5315 00 330516 5/5/20211010520.5220-4815.00330516 $375-00 CK#1007 Camille Hector �Concert$ ert$ Parks 28B958M CouncilA enda Item LF 1010.5205220-531500330516 5/5/2021 10105205220-481500330516 $750.00 CK# 1898 IR an Burton ert$ Bench donation Parks 26895908 CouncilAgenda Item LF 10105205220-531500 330516 5/12I2021 10105205260-461501330514 52,000,170 CK#784 Dan Dyer Parks 27074184 Council Agenda Item BH 1010.5205260521000330514 ii f 1/26/2021 - 5/25/2021 1010 520 526D-400�OO 3051 1001 81 660. 00 MUIt le MIS. Multiple donations -various individuals �YRCC Promotional Activities CC MUI[I le Council Ariende Item L-F I 1010 520 52e0534200 33051. 1001 �51 far JR Ktey%gvLce r G o'�o -3 5(.7 GL)o,MuY1tt &a,4ek S 3305(,1 ge,c,� 7wd leek-S- 33051,6 Covkcert � 00 � 1� �`SAoo .4- 6000.00 S, 500, * 1y7 sY1000 S/zE/,Z az l Page 1 of 1 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 PARKS &RECREATION (520) 2021 Requestor: Alan Bearden BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Budget Adjustment to recognize and allocate donations revenues received from citizens and businesses as follows: Bench donations - $6,000, multiple donations for Parks Maintenance - $416, multiple donations for Gulley Park concerts - $5,500, multiple donations for YRCC for promotional activities - $1,860 and multiple donations for Community Gardens - $1,115. COUNCIL DATE: LEGISTAR FILE ID#: 6/15/2021 2021-0431 HoRy 3lac� 5/27/2021 11:27 AM Budget Director TYPE: JOURNAL #: Date D - (City Council) RESOLUTION/ORDINANCE I GLDATE: CHKD/POSTED: 6/15/2021 TOTAL Account Number 14,891 14,891 Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20210309 Account Name 1010.520.5260-5210.00 6,000 - 33051 4 EX Minor Equipment 1010.520.5260-4815.01 1010.520.5260-5400.00 - 416 6,000 - 33051 33051 4 1 RE EX Donations Park - Park Bench Memorial Building & Grounds - Maintenance 1010.520.5220-4815.00 1010.520.5220-5342.00 - 5,500 416 - 33051 33051 1 6 RE EX Donations Park - Miscellaneous Promotionals - Activities 1010.520.5220-4815.00 1010.520.5280-5342.00 - 1,860 5,500 - 33051 33051 6 1001 RE EX Donations Park - Miscellaneous Promotionals - Activities 1010.520.5280-4809.00 1010.520.5260-5400.00 - 1,115 1,860 - 33051 33051 1001 7 RE EX Donations Building & Grounds - Maintenance 1010.520.5220-4815.00 - 1,115 33051 7 RE Donations Park - Miscellaneous H:\Budget Adjustments\2021_Budget\City Council\06-15-2021\2021-0431 BA Parks Donations 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0392 Agenda Date: 6/15/2021 Version: 1 Status: Second Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.1 AMEND STORMWATER REGULATIONS: AN ORDINANCE TO AMEND VARIOUS CHAPTERS OF THE UNIFIED DEVELOPMENT CODE TO UPDATE STORMWATER REGULATIONS FOR DEVELOPMENTS IN FAYETTEVILLE WHEREAS, the Fayetteville Unified Development Code currently requires certain stormwater improvements for developments based on the type of use and number of units being proposed; and WHEREAS, in recent years more developments being constructed have been exempt from any stormwater requirements, which is having a large impact on the properties neighboring these developments as well as the overall drainage system; and WHEREAS, during the discussions regarding the need for a more comprehensive stormwater program, the public commented frequently that these exempt developments should be required to mitigate their stormwater impacts on surrounding properties; and WHEREAS, on April 12, 2021, these revisions were presented to the Planning Commission which voted 8-0 to forward them to City Council with a recommendation of approval. 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 amends § 150.04 Jurisdiction by adding a sentence at the end of the section as follows: "The City's planning jurisdiction does not extend to properties held by Federal, State, or County entities." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 151.01 Definitions by repealing certain definitions entirely, repealing and replacing certain definitions, and enacting new definitions as shown in Exhibit A attached hereto. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 153.02 Right of Entry and Inspection by enacting new subsections (D) and (E) as follows: City of Fayetteville, Arkansas Page 1 Printed on 61312021 File Number: 2021-0392 "(D) Zoning and Development. For properties on which an active zoning or development application is made, development review staff, and elected and appointed officials shall have the right of entry and inspection. (E) Post Construction Stormwater Management and Drainage. In applying for a grading and drainage permit, the applicant shall be deemed to have consented to the verification of "as built" stormwater features as well as routine inspection of features within the public right-of-way or with drainage easements." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 153.07 Stop Work Order by enacting new subsections (D) and (E) as follows: "(D) Noncompliance/Grading and Drainage Plan. The City Engineer may issue a stop work order directing the parties involved to cease and desist all work which does not comply with its grading and drainage plan. (E) Noncompliance/Repeat Offenders. The City Engineer may issue an immediate stop work order directing the parties involved to cease and desist all work onsite for parties which have been cited previously. " Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (C)(1)(a) of § 155.06 Appeals from Staff Interpretations/Actions and enacts a replacement subsection (C)(1)(a) as follows: "An owner or developer who is aggrieved by the requirements of the Unified Development Code for land, right-of-way or easement dedications, construction of on -site or off -site improvements, or payments in lieu of any dedication or improvement, which are in excess of the "rough proportionality" of the impact of the development upon the city's infrastructure or services may appeal such requirement to the Planning Commission as a part of the submission of the preliminary plat, large scale development, subdivision, building permit, lot split, grading permit, floodplain development permit, or otherwise within 10 days of notification of such development requirements. The appeal must be presented to the Planning Division in writing and state the grounds, or reasons for the appeal" Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (A) of § 158.02 Excavation in Public Rights -of -Way; Cash or Surety Bond Required and enacts a replacement § 158.02 as follows: "(A) Bond. No person shall make any excavation of a street or public right-of-way unless a bond is first issued to the city for the purpose of guaranteeing repair and replacement of said street or public right-of-way. Said bond shall be in an amount equivalent to the estimated cost of properly repairing and replacing said street or public right-of-way, as determined by the City Engineer. To satisfy this requirement, the person or contractor may provide a cash bond, surety bond, or irrevocable letter of credit. Permanent bonds or letters of credit held by the city under the terms of an existing franchise agreement shall be considered sufficient to fulfill the surety requirements for any person or contractor acting as an agent for the franchise holder. The franchise holder shall submit a letter or other document verifying that the person or contractor is the franchisee's agent and is covered by the franchise holder's standing bond or letter of credit." Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 159.01 Fees/Schedule and enacts a replacement § 159.01 as shown in Exhibit B attached hereto. City of Fayetteville, Arkansas Page 2 Printed on 61312021 File Number: 2021-0392 Section 8: That the City Council of the City of Fayetteville, Arkansas hereby repeals and replaces the following sections and subsections of Chapter 166 Development as shown in Exhibit C attached hereto: § 166.01 Development Categories; § 166.02(D)(1) Property Line Adjustment, Lot Split, Final Plat, Concurrent Plat; § 166.02(E) Building Permits; § 166.02(F) Completion of Development/Certificate of Occupancy; § 166.03 Plat Requirements; § 166.04(B) Minimum Improvements by Application Type; § 166.15(A) Application; and § 166.20(A) Applicability. Section 9: That the City Council of the City of Fayetteville, Arkansas hereby repeals and replaces the following subsections of § 167.04 Tree Preservation and Protection During Development as shown in Exhibit D attached hereto: § 167.04(A)(11) Building Permits; § 167.04(A)(12) Exemptions; and § 167.04(H)(3) Abbreviated Tree Preservation Plan. Section 10: That the City Council of the City of Fayetteville, Arkansas hereby repeals and replaces the following sections of Chapter 168 Flood Damage Prevention Code as shown in Exhibit E attached hereto: § 168.01(A) regarding the purpose of the chapter; § 168.02 Definitions; § 168.05 Administration; § 168.06 Establishment of Development Permit; § 168.07 Permit Procedures; § 168.10 Provisions for Flood Hazard Reduction; § 168.11 Risk Zone Specific Standards; and § 168.12 Streamside Protection Zones. Section 11: That the City Council of the City of Fayetteville, Arkansas hereby repeals and replaces the following sections and subsections of Chapter 169 Physical Alteration of Land as shown in Exhibit F attached hereto: § 169.03 Permits Required/Exceptions; § 169.04 Minimum Erosion Control Requirements; § 169.06(F)(2) Phased Construction; and § 169.07 Grading Plan Specifications. Section 12: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 169.14 Stormwater Discharges from Construction Activities as shown in Exhibit G attached hereto. Section 13: That the City Council of the City of Fayetteville, Arkansas hereby repeals Chapter 170 Stormwater Management, Drainage and Erosion Control and enacts a replacement Chapter 170 Stormwater Management and Drainage as shown in Exhibit H attached hereto. City of Fayetteville, Arkansas Page 3 Printed on 61312021 City of Fayetteville Staff Review Form 2021-0392 Legistar File ID 6/1/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 5/12/2021 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Approval of revisions to the Unified Development Code to address stormwater and floodplain requirements associated with certain developments. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 1, 2021 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director Jonathan Curth, Development Services Director FROM: Alan Pugh, Staff Engineer CITY COUNCIL MEMO DATE: May 12, 2021 SUBJECT: Approval of revisions to the Unified Development Code to address stormwater and floodplain requirements associated with certain developments. RECOMMENDATION: Staff recommends approval of revisions to the Unified Development Code to address stormwater requirements associated with certain developments BACKGROUND: The Fayetteville Unified Development Code currently requires certain stormwater improvements for developments based on the type of use and number of units being proposed. Residential Single Family and Duplex are exempt from stormwater requirements if the proposed development does not exceed the maximum number of units. During the last few years, more and more developments being constructed are exempt from any stormwater requirements which is having a large impact on the properties neighboring these developments as well as the overall drainage system. This development pattern may be somewhat driven by the fact that they are exempt from stormwater and tree preservation requirements and more intensive development requires a much more involved approval process. DISCUSSION: During the discussions regarding the need for a more comprehensive stormwater program, the public commented frequently that these types of developments should be required to mitigate their stormwater impacts on surrounding properties. Based on these public meetings, the City Council approved an amendment to the contract with CH2M Hill to investigate code revisions to address these issues. As noted previously, there is a distinct division in the code and developments are either exempt or are required to abide by the full drainage criteria manual and tree preservation requirements. Early in the process, staff organized a stakeholder meeting with many developers and home builders to discuss the challenges associated with stormwater and how potential changes may Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 impact their business. While attempting to be sensitive to current development patterns, it is the clear division by use in the current requirements on which the proposed code changes will focus while trying to make the requirements based on impact rather than use. The proposed revisions will also focus on softening the line between being required to abide by the entirety of the stormwater and tree preservation regulations or being exempt solely based on the use being proposed. Staff is also proposing to address development pressures within our floodplain areas by ensuring that these developments do not negatively impact the neighboring properties. Based on the initial information gathered as described above, staff worked with CH21VI Hill to develop a framework that responds to a projects impact on stormwater and not solely on land usage. This framework was subsequently presented to both the Long Range Planning Committee and a technical advisory committee made of up several local development firms on multiple occasions. The technical advisory committee ran mock scenarios with the proposed framework to determine how it would impact various projects they have completed or are in the process of completing. Based on the feedback from these meetings the framework has been revised and incorporated into the attached UDC revisions. This framework develops a progressive means by which the impact of the development is mitigated depending on the amount of proposed impervious area. As you are aware, the proposed amount of impervious area has a direct impact on the amount of runoff and its subsequent impact to the drainage system. As shown, the requirements are proposed to increase as the amount of impervious area increases. The changes impact developments which would propose less than 10,000 SF and are located on a parcel less than one acre and area based on the chart included below. Development above 10,000 SF of impervious area and/or on parcels one acre or greater would continue to follow the current development approval process. Table 1. Proposed Development Thresholds Development City-wide Grading and Drainage / Stormwater Water Quality, Flood, and Tree Mitigation Threshold Standard Documentation Measures <or= • Exempt from Grading and Drainage Level 1 1,200 sf provisions except for those still associated of IA with the Building Permit process such as HHOD. • Completed Green Stormwater Practice (GSP) Worksheet, demonstrating Runoff 1,201 - Reduction via Better Site Design. Level 2 6,000 sf of IA • GSP Operation & Maintenance (O & M) Agreement to ensure the long-term functionality of these practices. • Same as Level 2. 6,001— Level 3 10,000 sf of IA • Exempt • 2 or more measures from Step 1 of Table 2 that Reduce Runoff via Better Site Design • 1 or more Green Stormwater Practice (GSP) measures from Step 2 of Table 2 as required to treat 100% of the developed portion of the site • Same as Level 2 • As needed GSP measures from Step 3 to further reduce runoff 0 Abbreviated Tree Preservation Plan Staff has developed a preliminary GSP worksheet wherein the applicant can provide some general information regarding the site and then select the appropriate GSP depending on their site. This was done in order to simplify application as the applicant would not be required to hire a professional to design the GSP as well as simplify the review process. Given that, it is currently proposed that these developments be reviewed through the building permit process by adding a review for both urban forestry and engineering. This of course assumes that all other entitlements such as zoning have been addressed. To further explain Table 1, please see table 2 below with explanations of the requirement for each level. Levels 2 and 3 are required to select two of these measures to implement while designing the site: Table 2. Water Quality, Flood, and Tree Mitigation Measures by Step Mitigation Steps Mitigation Measures Step 1 Reduce Runoff via Better Site Design. Conservation of Natural Features and Resources (if they exist on the property): • Preserve Riparian Buffers (i.e. no variances). • Avoid Developing in Floodplains and on Steep Slopes (greater than 15%) Tree Preservation: • Preserve Natural Areas with at least one significant tree. The removal, relocation, destruction or abuse in any manner of a significant tree(s) to be preserved is prohibited. • Protection of Street Trees. The removal, relocation, destruction or abuse in any manner of a street tree(s) to be preserved is prohibited. Lower Impact Site Design Techniques: • Reduce Limits of Clearing and Grading to preserve at least 10% of the open space of the site Reduction of Impervious Cover: • Use multi -story buildings to reduce building footprints • Create Parking Lot Stormwater `Islands' • Use pervious surfaces for parking, sidewalks and trails, where feasible. Utilization of Natural Features for Stormwater Management: • Use soil restoration practices to improve native soils and reduce over compaction • Use native plants and naturalistic landscapes (yards that do not have to be mowed and are planted with perennials, etc) and rain gardens. Levels 2 and 3 are required to select at least one of these measures sized appropriately by the GSP worksheet that will be provided by the City: Step 2 Reduce Runoff via Green Stormwater Practices (GSPs) GSP-02 Urban Bioretention GSP-03 Permeable Pavement GSP-04 Infiltration Trench GSP-12 Green Roof Level 3 is required to include this measure: Step 3 Capture and Treat Remaining Runoff via Green Stormwater Practices (GSPs) GSP-06 Extended Detention In addition to these revisions staff is recommending a revision to Chapter 168, Flood Damage Protection to further protect the citizens of Fayetteville as well as our streams and waterbodies. Currently, the code allows for the filling of floodplain areas up to the floodway. This mimics FEMA's requirements and causes increases in floodplain elevations (up to one foot in height) as well as velocities (unregulated). With the proposed revisions, individuals desiring to fill in floodplains on their property would need to demonstrate that the proposed fill does not negatively impact properties upstream or downstream by increasing floodplain elevations or velocities. They would also be required to create additional floodplain storage elsewhere on their property to offset any proposed filling of floodplains so that there would not be a net decrease in floodplain storage due to their development. On April 12, 2021, these revisions were presented to the Planning Commission which voted 8-0 to forward them to City Council with recommendations of approval with no public comment. The original stakeholders were notified of the meeting and invited to attend via email. BUDGET/STAFF IMPACT: If approved, additional staff time would be required in order to complete the grading review associated with the qualifying developments. This would be highly dependent on the number and timing of the developments that would fit within this category but would take place as a part of the building permit process. Attachments: Agenda Session Presentation Example small project with aerial Example large project with site plan Redlined code amendments 0 521523 W Meadow 4/5/2021, 9:45:33 AM 1:564 0.00475 0.0095 0.019 mi 0.0075 0.015 0.03 km The data conbined here,, was compiled from various sources fathe sole use and benefit of tie City of Fayetteville Geographic Information System and the pubic agencies it serves. Any use of the dab by anyone other than he City of Fayellevile is at the sole risk of the user; and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any claims, actions, cost for damages of any nature, including the city's cost of defense, asserted by user or by another arising from the use of this dab. The City of Fayetteville makes no express orimplied warrantees with reference to the data. No word, phrase, a clause found herein shall be construed to wave that tort immunity set forth under Arkansas law. Green Stormwater Practice (GSP) Worksheet Fill in only those areas highlighted in green How big is your site overall? Existing Site How much of the existing site is impervious (roof, driveway, concrete, etc...)? How much of the existing site is gravel? How much of the existing site is tree canopy? How much of the existing site is lawn area? Proposed Site How much of the proposed site is impervious (roof, driveway, concrete, etc...)? How much of the proposed site is gravel? How much of the proposed site is tree canopy? How much of the proposed site is lawn area? Primary GSP Developed area draining to primary GSP 4,500 Square Feet (SF) 0 SF 325 SF 4,175 SF 0 SF 4,500 Total SF (must match overall site SF) PASS 3,900 SF 0 SF 30 SF 570 SF 4,500 Total SF (must match overall site SF) PASS 3,900 SF New Gravel and Impervious 1 100% GSP Options Surface Area Required (SF) Bioretention 308 Permeable Pavement 462 Infiltration Trench 308 Green Roof 652 Secondary GSP Developed area draining to the secondary GSP? (when required) 0 SF New Gravel and Impervious I 0% GSP Options Surface Area Required (SF) [Green retention 0 rmeable Pavement 0 iltration Trench 0 Roof 0 100 100% of new gravel and impervious must be treatedl PASS Extended Detention Trapezoidal Shape, all others provide supporting volume calculations Bottom Length 0 FT Bottom Width 0 FT Side Slope (3:1 or flatter) 3 Z:1 *Ponding Depth 1 FT *Include ponding depth even when providing separate volume calculations Extended Detention Volume Required (CF) 1,100 Extended Detention Volume Provided (CF) 12 Required Oulet Orifice Diameter (in)** 2.76 NOT REQUIRED PASS `Round to nearest quarter inch Providing Separate Volume Calculations NO Volume provided must exceed volume required NOT REQUIRED To srosz m „LO,Lt.ZO S I3 � U V z � � --- --- ---- ----- j I + TREE PRESERVATION BUFFER I I SHARED PRIVATE DRIVE I I o ------ ------ ----------r u -- --- --� --- l i r i i 1 1 r - - -- - - --- - - - -- I as -a" ze•-a is'-o^ zs-o^ zaa• ze-a' 21-o zs-o zea ae•- . b Im-iii II ■I� :'� ii. ��I n 17 �� .ii I ■ II ■ II II ■ I I II • 342 'UNIT TYPE D UNITTYPED Li at MIMI ���� mliml ii �� L � ii ■ �a flintlock .�,..... 128 E Lefaye[la Fayett-ll„ AR 72701 .mw'ni 55u4W7 10, D.t. sues/Revisions NOTFOR CONSTRUCTION FLETCHER TOWNHOUSES A,ka .1 exec Eorer: SITE PLAN acme Aran 1. 2121 Ll.l Green Stormwater Practice (GSP) Worksheet Fill in only those areas highlighted in green How big is your site overall? Existing Site How much of the existing site is impervious (roof, driveway, concrete, etc...)? How much of the existing site is gravel? How much of the existing site is tree canopy? How much of the existing site is lawn area? Proposed Site How much of the proposed site is impervious (roof, driveway, concrete, etc...)? How much of the proposed site is gravel? How much of the proposed site is tree canopy? How much of the proposed site is lawn area? Primary GSP Developed area draining to primary GSP 40,541 Square Feet (SF) 10,292 SF 2,243 SF 12,320 SF 15,686 SF 40,541 Total SF (must match overall site SF) PASS 14,191 SF 5,678 SF 11,420 SF 9,252 SF 40,541 Total SF (must match overall site SF) PASS 7,334 SF New Gravel and Impervious SP Options Surface Area Required (SF) ioretention 361 ermeable Pavement 542 ifiltration Trench 361 reen Roof 765 Secondary GSP Developed area draining to the secondary GSP? (when required) 0 SF New Gravel and Impervious SP Options Surface Area Required (SF) ioretention 0 ermeable Pavement 0 ifiltration Trench 0 reen Roof 0 100% of new gravel and impervious must be treated 100% Extended Detention Trapezoidal Shape, all others provide supporting volume calculations Bottom Length 238 FT Bottom Width 8 FT Side Slope (3:1 or flatter) 4 Z:1 *Ponding Depth 1 FT *Include ponding depth even when providing separate volume calculations xtended Detention Volume Required (CF) 2,236 xtended Detention Volume Provided (CF) 2,909 equired Oulet Orifice Diameter (in) 11.00 REQUIRED PASS Providing Separate Volume Calculations NO Volume provided must exceed volume required PASS TITLE XV - UNIFIED DEVELOPMENT CODE CHAPTER 150: - GENERAL PROVISIONS 150.04 - Jurisdiction The city's planning jurisdiction is the area within the corporate boundaries as well as the area described in the planning area boundary description as filed with the City Clerk and Washington County Circuit Clerk's office. Such planning area boundary description may be modified from time to time in accordance with A.C.A. §14-56-413. The City's planning jurisdiction does not extend to properties held by Federal. State. or County entities. (Code 1965, App. C, Art. 1, §c; Ord. No. 1750, 7-6-70; Code 1991, §159.03; Ord. No. 3895, §1, 6-20-95; Code 1991, §163.04(A); Ord. No. 4100, §2 (Ex. A), 6-16-98). CHAPTER 151: - DEFINITIONS 151.01 - Definitions For the purpose of Title XV, Unified Development Code, the following definitions shall apply to the divider sections, chapters, sections or subsections, unless the context clearly indicates or requires a different meaning. 44 CFR, Emergency Management and Assistance - National Flood Insurance Program Regulations, Parts 59-75 (flood damage prevention) contain Federal regulations upon which local floodplain manaaements are based. 44 CFR S 65.12 (flood damage prevention) contains the section of the federal regulations which involves revision of flood insurance rate maps to reflect base flood elevations caused by proposed encroachments. l __ M.....d.. 1 /­1 ......> FI.....A /Fl.....J ...........a;. N :......., ri....­.:ate ,. o/ ..�,...,.,. ,.F ,,,..........,.... 13it1't"ftt'7:17.T.��!'�ITil�tl.'E1'IiI.T.T.7Li ... .. .. fIS1S1�ii17.T.1�Ifl7:Ei�LS'7�S6T.P}.T.S .. ORM A risk zones (flood damage prevention). -ife-sSpecial flood hazard areas without detailed studies, where base flood elevations have not been determined. Abbreviated tree preservation plan (Tree preservation and protectionj.) A shorter, less formal tree preservation plan required of applicants seeking building, grading, or parking lot permits, but who are not subject to the requirements for large scale developments or subdivisions. Accent lighting (outdoor lighting)_ ^,� Any directional lighting which emphasizes a particular object or draws attention to a particular area. Accessory community structures (manufactured homes and parks) (manufactured homes and parks opened or expanded after 4-20-72). A structure or a portion of a structure for commercial use that is March 2021 Final Redlined Draft Page 1 of 134 located in a manufactured home park and which is intended solely for the convenience of the residents or occupants of the manufactured home park. Accessory structures (manufactured homes and parks) (manufactured homes and parks opened or expanded, 4-20-72). Any structural addition to the manufactured home such as awnings, cabanas, carports, Florida rooms, porches, patio covers, and similar additions. Accessory use or structure. A use or structure on the same lot with, of a nature and size of 50% or less and customarily incidental and subordinate to, the principal use or structure. Act (wireless telecommunications facilities). The Communications Act of 1934, as it has been amended from time to time, including the Telecommunications Act of 1996, shall include any future amendments. Active open space (development). An area intended for rigorous activity such as tennis, baseball, badminton, and other games requiring physical exertion. ODUMonaiiooa carnage preVenUOni. -F--arynV unprovernem io an existing siFucwre wnicn increases me ��„ � Formatted: Font color: Auto habitable space. This can include but is not limited to lateral additions, storage space conversions and garage/carport conversions. ���� Formatted: Font color: Auto Formatted: Space Before: Auto, After: Auto ADEQ (physical a#ema#eRalteration of land, stormwater management and drainage). • feFen^^ 'The Arkansas Department of Environmental Quality which is the governing authority for the National Pollutant Formatted: Font: Not Italic, Font color: Auto Discharge Elimination SVstem program in the state of Arkansas. Formatted: Font: Not Italic Administrative determination (tree preservation and protection). Final action by the landscape administrator to either approve, conditionally approve or disapprove a tree preservation plan. Administrative determinations apply only to those projects which do not require Planning Commission approval. Adult arcade (zoning). Any place to which the public is permitted or invited wherein coin -operated or slug - operated or electronically, electrically, or mechanically controlled image producing devices are maintained to show images to five (5) or fewer viewers at one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical area." Adult bookstore or adult video store (zoning). A commercial establishment whose principal business purpose is to offer for sale or rental for any form of consideration any one (1) or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, or video reproductions, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas." Adult cabaret (zoning). A nightclub, bar, restaurant, or similar commercial establishment which regularly features: (A) Persons who appear in a state of nudity; or (B) Live performances which are characterized by the exposing of "specified sexual activities" or "specified anatomical areas;" or (C) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction of "specified sexual activities" or "specified anatomical areas." Adult motion picture theater (zoning). A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown, March 2021 Final Redlined Draft Page 2 of 134 excluding those which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas." Adult theaters (zoning). A theater, concert hall, auditorium, or similar commercial establishment, which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas." Adverse impact (flood damage prevention). 4^�aAny negative or harmful effect. AE risk zones (flood damage prevention). ar�sSpecial flood hazard areas where detailed studies have determined base flood elevations. AH risk zones (flood damage prevention). -aFe-sSpecial flood hazard areas characterized by shallow flooding with ponding effects (where floodwaters accumulate in depressions and linger until absorbed or evaporated). Airport (Airport Zone). Fayetteville Airport (Drake Field). Airport elevation (Airport Zone). 1,251 feet above mean sea level. Alley (development). A minor public way dedicated to public use for utility easements and vehicle access to the back or the side of properties abutting a street. Alternative tower structure (wireless tele-communications facilities). Man-made trees, clock towers, bell steeples, light poles, and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers and are built for the express purpose of serving as a tower or for locating antennas. Analysis report (tree preservation and protection). A report, which among other things, sets forth any alternative designs the applicant considered in arriving at the proposed design. Animal daycare (zoning). A facility that provides day or nighttime supervision for three (3) or more animals. Animals are kept inside the facility, except animals are permitted to be walked on a leash outside. Facilities that contain outdoor dog runs, play areas, or kennels are not considered an animal daycare. Antenna (wireless telecommunications facilities). Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, microwave dishes and satellite dishes and omni-directional antennas, such as whips but not including satellite earth stations. AO risk zones (flood damage prevention). ire-sSpecial flood hazard areas characterized by shallow flooding with sheet flow (where floodwaters flow in a broad, shallow sheet rather than through a narrow channel. Appeal Board (flood damage prevention). nea^maA person or persons specifically designated to render decisions on variance applications and floodplain management complaints. Applicant (enforcement, appeals, tree preservation and protection). Any person, party, partnership, corporation or other business entity seeking the city's approval of a proposed tree preservation plan. Approach surface (Airport Zone). A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope. In a plane the perimeter of the approach surface coincides with the perimeter of the approach. Approach, transitional, horizontal and conical zones (Airport Zone). Those zones as set forth in §165.01 Approval (physical alteration of land). A written authorization by the City Engineer. March 2021 Final Redlined Draft Page 3 of 134 Appurtenances (DDOD). Architectural features consisting of awnings, marquees, porches, stoops, balconies, turrets, cupolas, balconies, colonnades, and arcades. Arcade (DDOD). A colonnade composed of counterthrusting arches. Area sign (signs). A sign to identify a common area containing a group of structures, or a single structure on a minimum site of 5 acres, such as a residential subdivision, residential office, commercial or industrial subdivision, apartment complex, manufactured home park, or shopping center located at the entrance or entrances of the area, and consisting of fence or wall or archway with letters or symbols affixed thereto or other supporting structure as approved by the zoning and development administrator. Articulation (development). The architectural composition of combined treatment of elements and parts of the edges, corners, and surface of a building. Artist studio (zoning). Any building or place of business where Artists use the premises for the creation, sale and/or display of art or craft work. As graded (physical alteration of land). The surface condition on completion of grading. Aspect (landscape regulations). The angle of exposure from sunlight as it relates to the slope of the earth, primarily south and west in this region. Auto Salvage (zoning). The dismantling or wrecking of motor vehicles or trailers, or the storage, keeping, selling, buying, or dumping of any wrecked, scrapped, ruined, dismantled, disabled, or inoperable motor vehicle or motor vehicle part. Automatic.entry and exit of floodwaters (flood damage prevention). hatlhewWater must be able Formatted: Font: Italic to enter and exit with no intervening action from a person. Awning (DDOD). A flexible roof -like cover that extends out from an exterior wall and shields a window, doorway, sidewalk, or other space below from the elements. Balcony (DDOD). An open habitable portion of an upper floor extending beyond a building's exterior wall that is not supported from below by vertical columns or piers but is instead supported by either a cantilever or brackets. Baluster (DDOD). A short vertical member used to support a railing or coping. Balustrade (DDOD). A railing together with its supporting balusters or posts, often used at the front of a parapet. Banner (signs). Any sign printed or displayed upon cloth or other flexible material, with or without frames. Barrel roof (DDOD). Like a covered wagon, or inverted ship; barrel vault is an arch of uniform cross- section. Base density (tree preservation and protection). The number of trees an applicant must plant based upon the quality and number of the trees proposed to be removed per acre. Base flood (stormwater management, drainage and erosion control, flood damage prevention). The flood having a 1 % chance of being equaled or exceeded in any given year, also referred to as the one hundred (100) year storm event. The base flood is the national standard used by the National Flood Insurance Program (NFIP) and all Federal agencies for the purposes of requiring the purchase of flood insurance and regulating new development. Base flood elevation (flood damage prevention). • feFs *^ `*^ `The expected height of floodwaters during the peak of the base flood event. March 2021 Final Redlined Draft Page 4 of 134 Basement (flood damage prevention). 4saAnv enclosed area that is below grade on all #euF (4) wallssides. — Formatted: Font: Not Italic Beacon (signs.) A stationary or revolving light which flashes or projects illumination, single color or multi- colored, in any manner which is intended to attract or divert attention; except, however, this term is not intended to include any kind of lighting device which is required or necessary under the safety regulations described by the Federal Aviation Agency or similar agencies. Bed and breakfast facility (zoning). A permanently ewaer essupiedowner-occupied private home with a maximum of five (5) guest rooms furnishing temporary lodging and meals to overnight and event guests. BMP (physical a tio�+ ^^alteration of land, stormwater management and drainage). 4stThe acronym for Formatted: Table Normal1, Space Before: Auto, After: Best Management Practices which means schedules of activities, prohibitions of practices, maintenance Auto procedures, and other management practices to prevent or reduce the discharge of pollutants to waters of the United States. BMPs also include green stormwater practices (GSPs), treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. BFE (flood damage prevention). 4&4The acronym for base flood elevation. Block. A combination of building lots, the perimeter of which abuts streets. Board of Adjustment (Airport Zone). The Board of Adjustment established by Chapter 33. Bona fide agricultural purpose (tree preservation and protection). The aim or goal of facilitating the ongoing commercial pursuit of farming, dairying, pasturage, horticulture, viticulture, or the keeping or raising of livestock or poultry, not otherwise prohibited by city ordinance. Build -to line. A build -to line identifies the precise horizontal distance from a street right-of-way that the building shall be built to, in order to create a uniform line of buildings along the street. Build -to zone. A build -to zone is a range of allowable distances from a street right-of-way in which a building or structure shall be constructed in order to create a moderately uniform line of buildings along the street. Buildable area (zoning). The portion of a lot remaining after required yards have been reserved. Building frontage: The vertical side of a building which faces the primary space or street and is built to the build -to line. Building official (building regulations). A city building inspector. Building permit (manufactured homes and parks) (manufactured homes and parks opened or expanded after 4-20-72). A written permit issued by the enforcement officer permitting construction, erection, alternationalteration, remodeling, or repair of a manufactured home park. ' Formatted: Space Before: Auto, After: Auto Building permit (development). Authorization issued by the Building Safety Division to commence Formatted: Font: (Default) Arial, Italic building, electric, pas, mechanical, plumbing, ,Band other work in conformance with adopted codes A Written Dermot Buoyancy (flood damage prevention) is the upward force exerted by water. Buoyancy can cause underground tanks to float free and can lift structures off foundations. March 2021 Final Redlined Draft Page 5 of 134 Caliper (landscape regulations, parking and loading). A measurement of general tree size taken at a point located 6 inches above natural ground or root ball surface. above natural ground or oot hall ci-rfacp Canopied slopes (tree preservation and protection). Any land with a slope of 15% or greater containing trees, woody shrubs and herbaceous plants that serve the function of sustaining the structural integrity of the soil, thus reducing the likelihood of erosion, slide or slump. Canopy (tree preservation and protection). The combined crowns of all trees on a tract of land. Carport. An automobile shelter having one (1) or more sides open. Center for collecting recyclable materials (zoning). A facility that is not a salvage yard and in which recoverable resources, such as paper products, glass, aluminum, metal cans, and other products are processed for recycling. Processing may include the preparation of materials for efficient shipment by such means as baling, compacting, flattening, grinding, crushing and mechanical sorting. Certificates of Compliance (flood damage prevention). are#Formal documents issued by floodplain administrators certifying that completed projects comply with the requirements of the local Code. CFR (flood damage prevention). 4s-tThe acronym for the Code of Federal Regulations. The Code of Federal Regulations is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into fifty (50) titles that represent broad areas subject to federal regulation. The Federal regulations pertaining to the national Flood Insurance Program are found in title 44, Emergency Management and Assistance. Chief Administrator (building regulations). The Mayor of the City of Fayetteville. Chief Appointing Authority (building regulations). The City Council. Chiefbuilding official (building regulations). Building Safety Division Director. Cistern (storrnwater). Roof water management devices that provide retention storage volume in above or YRdergrouRd storage taRks. They are typiGally used for water supply. Gistems are geRerally larger thaR raOR barrels, with some underground Gi6t9FR8 haVing the GapaGity Of 10,000 gallons. OR lot storage with FedWGinq ate Utility StS City (stormwater management, drainage and erosion control). The City of Fayetteville, including staff and elected officials, or designee. City Engineer (stormwater management and drainage, physical alteration of land Rnd PrG.GiGn GGntrGl). The City Engineer or his appointed representatives, including assigned staff engineers, technicians and inspectors. City of Fayetteville Landscape Manual (tree preservation and protection). A document having detailed instructions for preparing tree preservation plans and standards and specifications for tree protection, planting, maintenance and design. City official (streets and sidewalks). The Mayor (or other official designated by the Mayor, and authorized to issue the permits granted thereunder) of the city. City Planning Commission (manufactured homes and parks) (manufactured homes and parks opened or expanded after 4-20-72). That commission created for the city by Chapter 33. March 2021 Final Redlined Draft Page 6 of 134 Civic building. Structure used primarily for public education, cultural performances, gatherings and displays administered by non-profit cultural, educational, governmental, and religious organizations. Clearing (flood damage prevention). 4s-tThe act of cutting timber or shrubs from an area., Formatted: Font: Not Italic Club or lodge (zoning). A building or portion of a building used by an association for the promotion of some common objective excepting clubs the chief activity of which is a service customarily carried on as a business. Coffee roasting facility. A facility in which unprocessed green coffee may be sorted, roasted and processed or packaged for use and consumption. Collector street (streets and sidewalks). A street which in addition to serving abutting properties, intercepts minor streets, connects with community facilities and carries neighborhood traffic to the major arterial street system. Co -location (wireless telecommunications facilities). Locating wireless communications equipment for more than one (1) provider at a single communications facility, on a building, or on an alternative tower structure. Colonnade (DDOD). A roofed structure, extending over the sidewalk, open to the street except for supporting columns or piers. Column (DDOD). A supporting pillar usually consisting of a round shaft, a capital, and a base. ;�/ h.,n;none. nerL (flood damacie Prevention) is +.minelly an area of nff'nes OF I;nh+ 0nrl„c+rm.;l +hewoh retail seNoGe, OF industrial usacie Or. mefirnes onnl„rl ed in swoperfinq roles For fhece nfflnec Commercial development (tree preservation and protection). Any development in an R-O, Commercial or Industrial Zone and any conditional use in any other zone which permits activities usually conducted within an R-O, Commercial or Industrial Zone. Commercial driveway (streets and sidewalks). An entrance on public property or exit from any commercial, business, or public establishment adjacent to a public street or highway. Commercial tree pruner/service (tree preservation or protection). A person who performs work on trees for profit. Common open space (development). Land within or related to a development, not individually owned or dedicated for public use, which is reserved for the exclusive use or enjoyment of the residents or occupants of the development and their guests. Community recycling drop-off facility (zoning). A facility designed to be a collection point where only pre- sorted recyclable materials are dropped off and temporarily stored prior to delivery to a center for collecting recyclable materials for processing. A community recycling drop-off facility is intended for household or consumer use. This facility can be temporary and/or mobile or a permanent installation that is the principal use. Community sewage system (development). Any non -publicly owned system serving two (2) or more individual houses, housing units, apartments or other occupied structures for the collection and disposal of domestic, non-residential or industrial wastewater of a liquid nature, including various devices for the collection, conveyance and treatment of the treated wastewater effluent and the monitoring of the affected groundwater quality and the management of the associated solid waste by-products (septage and sludge). (Also known as decentralized sewer systems) March 2021 Final Redlined Draft Page 7 of 134 Community storage structure (manufactured homes and parks). A structure located in a manufactured home park for the convenience of the residents to provide storage space for often used outdoor equipment, furniture, tools and other items which cannot be conveniently stored in the typical manufactured home. Compact automobile (parking and loading). Any vehicle less than 6 feet wide and 15 feet long. Compaction (physical alteration of land). The densification of a fill by mechanical means. Formatted: Font: Not Italic Company flag (Signs). A flag identifying a business or organization by use of the name of the business or organization where the flag is displayed. The flag must have the same proportional dimensions as the United States Flag, be installed upon standard flag pole allowing flags to be raised and lowered, and be flown only in conjunction with either the United States Flag or Arkansas State Flag or both. The company flag must be flown lower than the government flag, cannot exceed the size of the government flag and in no case can exceed 6 feet in length. Concrete deadman anchors (flood damage prevention). -are-hHeavv steel rods embedded in buried sections of concrete, used to secure items in place under tension. Conditional use (zoning). A use permitted in certain zoning districts subject to certain conditions imposed by the Planning Commission after review of development plat. Condominium (zoning). Two (2) or more single-family dwelling units constructed in a series of attached units and submitted to a horizontal property regime under A.C.A. §8-13-102 et seq. Conical surface (Airport Zone). A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty -to -one (20:1) for a horizontal distance of 4,000 feet. Connection (water and wastewater impact fees). The physical tie-in of a private water or wastewater service system to the City of Fayetteville's public water or wastewater system. For the purposes of the impact fee ordinance, the physical tie-in shall occur upon the installation of a water meter. Conservation easement (tree preservation and protection). A formal, legally binding agreement between parties, usually a landowner and a private or public entity, providing for the preservation of land in its natural state. Construction permit (stormwater management, physical a#ernationalteration of land). A general construction permit issued by the Arkansas Department of Environmental Quality for the purposes of complying with federal stormwater regulations contained in 40 CFR 122.26 which requires NPDES permit coverage for small (disturbing one acre or more and less than five acres) and large (disturbing 5 acres or more) construction sites. Vnntrel n rnit_ issued by the pity to a entity with the legal ability ten A nctn,nt the stnrrAi-A ter TR management syGtem on ;;Ggerdanre with the approved system design and PeFMit GOnditiORI­ Construction (stormwater management, drainage and erosi physical alteration of land). Any on - site activity that would result in the creation of a new stormwater management system, including the building, assembling, expansion modification, or alteration of the existing contours of the property; the erection of buildings or other structures, any part thereof; or land clearing. Contiguous woodlands (tree preservation and protection). A portion of canopy existing on the site of proposed development, which is a part of a larger, unbroken forest, whether or not it extends onto adjacent lots. Contour intervals (development). Topographic map lines connecting points of equal elevations. Controlled access highway (signs). Any state or federal numbered highway designated by ordinance as a controlled access highway by the City Council. March 2021 Final Redlined Draft Page 8 of 134 Cornice (DDOD). A projecting horizontal decorative molding along the top of a wall or building Covenant (flood damage prevention). 4&-aA clause in a contract that requires one party to do, or refrain from doing, certain things. A covenant frequently appears as a restriction that a lender imposes on a borrower. Craw/space.(flood damage prevention). }+s-aA type of structural foundation where the space beneath the _ Formatted: Font: Italic lowest floor is typically not deep enough to allow a person to stand and not all of its a44eur-i4}waNssides are below grade. Formatted: Table Normal Critical facilities (flood damage prevention). 4nela44----Governmental facilities that are considered essential for the delivery of critical services and crisis management (such as data and communication centers and key governmental complexes): facilities that are essential for the health and welfare of the whole population (such as hospitals, prisons, police and fire stations, emergency operations centers, evacuation shelters and schools); mass transportation facilities (such as airports, bus terminals, train terminals); lifeline utility systems (including potable water, wastewater, oil, natural gas, electric power and communications systems); high potential loss facilities (such as nuclear power plants or military installations); hazardous material facilities (such as industrial facilities housing or manufacturing or disposing of corrosives, explosives, flammable materials, radioactive materials and toxins. Cupola (DDOD). A domelike structure surmounting a roof or dome, often used as a lookout or to admit light and air. Curb radius The curved edge of street paving at an intersection, measured at the inside travel edge of the travel lane. Cut (physical alteration of land). See "excavation." D Zone areas (flood damage prevention). R aAreas in which the flood hazard has not been determined but may be possible. Dance hall (zoning). Any building, premises, pavilion, or place of business wherein dancing is permitted, conducted or engaged in by the public in general, including but not limited to private clubs as defined by ordinance and/or the laws of the State of Arkansas, either for profit or not. Daylighting (flood damage prevention). ^, ea.,^^ *^^ To restore a stream, creek or natural drainage way or other waterway from an underground pipe to open air and daylight. Dead-end street (development). A street having one end open to traffic and being permanently terminated by a vehicular turnaround. Deciduous trees (physical alteration of land). Trees that shed their leaves annually. Small deciduous trees are no more than 40 feet tall at maturity while large deciduous trees exceed 40 feet in height at maturity. Dedication (development). Land and improvements offered to the city, county, or state and accepted by them for public use, control, and maintenance. Deed restriction (flood damage prevention) '^f�c e-Ps t`^ . A a -clause in a deed that limits the future uses of the property in some respect. Deed restrictions may impose a vast variety of limitations and conditions, for example, they may limit the density of buildings, dictate the types of structures that can be erected, prevent buildinas from beina used for specific ourposes or even from beina used at all. Department of Law (building regulations). The City Attorney's offices March 2021 Final Redlined Draft Page 9 of 134 Dependent manufactured home (manufactured homes and parks) (manufactured homes and parks opened or expanded, 4-20-72). A manufactured home which does not have a flush toilet and bath or shower. Detention (stormwater management and drainage, physical alteration of land, sentrel). The collection and temporary storage of stormwater per the specifications of the Citv's Drainage Criteria Manual with subsequent gradual release of the stormwater: see also Extended Detention Area. Develop (physical alteration of land). Permanently altering land by subjecting it to grading, removal of vegetation, or construction such as but not limited to buildings, parking lots, streets, and sidewalks. Developer (stormwater management, drainage and erosion control). Any person(s), parties, partnerships, or corporations, private or public, engaging in activities described as development. Developer (development). A person, firm or corporation undertaking to develop a subdivision or large scale development as set forth in the development regulations. Development (stormwater management and; drainage, physical aliernatienalteration of landand erosion eentre4). To make a site or area available for use by physical alteration. Development includes, but is not limited to, providing access to a site, clearing vegetation; grading; earth moving; providing utilities and other services such as parking facilities; stormwater management and erosion control systems; and sewage disposal systems; altering landforms; or construction of a structure on the land. Development shall also mean any of the following: (A) Construction, installation, alteration, demolition, or removal of a structure, impervious surface, or stormwater management system, or (B) Clearing, scraping, grubbing, or otherwise removing or killing the vegetation of a site; or (C) Adding, removing, exposing, excavating, leveling, grading, digging, dumping, or otherwise disturbing the soil or rock of a site in a manner contrary to the requirements of the stormwater management, drainage and erosion control regulations. Development (, flood Ddamage Pprevention). Any man-made change to improved or unimproved real Formatted: Font: Not Italic estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Development (streets and sidewalks). Shall include, but shall not be limited to, the construction of a new improvement, the construction of an addition to an existing improvement, or a parceling which results in the need for access and utilities. Development plan (development). A drawing showing all proposed improvements to a piece of property such as streets, parking lots, buildings, drives, signs, utilities, drainage, grading and planting by size and location. Development site (physical alteration of land). That portion of any lot or parcel subjected to grading, removal of vegetation, or construction such as, but not limited to, buildings, parking lots, streets and sidewalks. Diameter breast height (DBH) (tree preservation and protection). The diameter of a tree measured at a point 4'/2 feet above the ground. If a tree splits into multi -trunks, the trunk is measured at its narrowest point below the split. Directional sign (signs). A sign of a noncommercial nature which directs the reader to the location of F.,-.tt.d-Space Before: Auto, After: Auto public or educational institutions, or to the location of historical structures or areas, or the location of public parks or buildings. March 2021 Final Redlined Draft Page 10 of 134 without qualification, means the "discharge of a pollutant." pischarge of Stormwater Associated with Construction Activity. (physical alteration of land). 4Refers 1 discharge of pollutants in stormwater runoff from areas where soil disturbing activities (e.g., clearing, grading, or excavation), construction materials or equipment storage or maintenance (e.g., fill piles, borrow area, concrete truck washout, fueling), or other industrial stormwater directly related to the construction process (e.g., concrete or asphalt batch plants) are located. .Discharge -related activities (physical alternatier}alteration of land, stormwater management and drainage). +Includes activities which cause, contribute to, or result in stormwater point source pollutant discharges; and measures to control stormwater discharges, including the siting, construction and operation of best management practices (BMPs) to control, reduce or prevent stormwater pollution. Display surface area (signs). The net geometric area enclosed by the display surface of the sign including the outer extremities of all letters, characters and delineations; provided, however, "display surface area" shall not include the structural supports for free standing signs; provided further, that only one (1) face of a double-faced sign shall be considered in determining the display surface area. District or zoning district (signs). A section or sections of the incorporated area of the city for which the then effective zoning ordinance governing the use of buildings and land are uniform for each class of use permitted therein. References to individual zoning districts contained herein shall refer to the zoning district established by the City Council in Chapter 160. Disturb (physical alteration of land). To alter the natural state. Domed roof (DDOD). A vaulted roof having a circular, polygonal, or elliptical base and a generally hemispherical or semispherical shape. Dormitory (zoning). A building or group of buildings designed or altered for the purpose of accommodating students or members of religious orders with sleeping quarters, with or without communal kitchen facilities, and administered by educational or religious institutions. contributing surface and stormwater runoff to a stormwater management system. Drainage Criteria Manuallphysical alteration of land, stormwater management and drainage). -means tThe supporting technical manual adopted by�City Council as. Ordinance No. 5702 and which, may be amended by the City Engineer. Dripline (tree preservation and protection). An imaginary vertical line that extends downward from the outermost tips of the tree branches to the ground. Formatted: Font: (Default) Arial, Italic Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, Italic Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, Italic Formatted: Font: (Default) Arial Formatted: Table Normall, Space Before: Auto, After: Auto Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Drive-in/drive-through restaurant (zoning). Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises. Dwelling, accessory (zoning, supplemental zoning). A separate, complete housekeeping unit with a Formatted: Normal separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to a single-family structure. Dwelling, live/work. A dwelling unit within which an at-home business is encouraged. Businesses are limited to a maximum of two (2) employees that do not dwell in the principal or accessory dwelling unit. March 2021 Final Redlined Draft Page 11 of 134 Dwelling, manufactured home (zoning). A detached residential dwelling unit designated for transportation on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundation, connection to utilities, and the like. A travel trailer is not to be considered as a manufactured home. Dwelling, multi -family (zoning). A residential building designed for or occupied by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided. Dwelling, single-family attached/townhouse (zoning). Two (2) or more dwelling units located on individual lots but joined along a single lot line. All such dwellings must be totally separated from other dwellings by a fire-resistant common wall. Dwelling, single-family (zoning). A detached residential dwelling unit other than a manufactured home, designed for and occupied by one (1) family only. Dwelling, two-family/duplex (zoning). A detached residential building containing two (2) dwelling units, designed for occupancy by not more than two (2) families and located on one (1) lot of record. Dwelling unit (zoning). One (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. Easement (development). A grant by the property owner to the public, a corporation or persons, for the use of a strip of land for specific purposes. E/FS (exterior insulating and finish systems) (DDOD). A cement based synthetic material used as an alternative to natural stucco. Electronic graphic display screen (signs). A sign or portion of a sign that displays electronic images, graphics or pictures, defined by matrix elements using different combinations of light emitting diodes (LED), fiber optics, light bulbs, or other illumination devices. Electronic graphic displays include television screens, plasma screens, digital screens, flat screens, LED screens, LCD screens, video boards, holographic displays, or other technologies of a similar nature. Electronic message board (signs). A changeable copy sign that displays electronic, non -pictorial, text information in which alphanumeric characters and punctuation marks are defined by illumination devices, such as, but not limited to, light emitting diodes (LED), fiber optics, light bulbs, and liquid crystal display (LCD). Elevation Certificate (flood damage prevention). -rRefers to FEMA form 81-31, which for the purposes of this Code must be properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas. Enforcement officer (manufactured homes and parks) (manufactured homes and parks opened or expanded, 4-20-72). The Chief Building Inspector of the city, or his/her duly authorized representative. Engineer (stormwater management, drainage and erosion control). A professional engineer registered in Arkansas, or other person exempted pursuant to the provisions of the Arkansas Code Annotated, who is competent in the fields of hydrology and stormwater management. Erect (signs). To build, construct, attach, hang, place, suspend, or affix, and shall also include the painting of wall signs. March 2021 Final Redlined Draft Page 12 of 134 Erosion (stormwater management, drainage and erosion control). The removal of soil particles by the action of water, wind, ice or other geological agents. Evergreen (physical alteration of land). A plant that retains leaves or needles year-round. Excavation (physical alteration of land). The mechanical removal of earth material from water or land. Existinq structure (flood damage prevention). meaRS, for fleadplamR rnaRagGFReRt p FlaosesaA structure which is in place before any reconstruction, rehabilitation, addition, or other improvement takes place for flood management purposes. Existing manufactured home park or subdivision (flood damage prevention). A m�a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. Expansion to an existing manufactured home park or subdivision (flood damage prevention). -meanzThe preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Extended detention area (stormwater management and drainage),. g's^ referred to As a step .... ate.r proposed detention and can also be referred to as a stormwater pond. These constructed stormwater detention basins have a permanent pool (or micropool) of water that captures and treats runoff from each rain event per the Drainage Criteria Manual. adverse impacts from large low -frequency storm events with a return frequency of 100 years or more. FAA (Airport Zone). The Federal Aviation Administration Facilities emitting odors (zoning regulations). Any function that involves a process which emits or has the potential for emitting odor. Facilities handling explosives (zoning). Any function that involves a process dealing with a product with explosive potential. Fall zone (wireless communications facilities). The area within which a tower or antenna might cause damage to persons or property should the tower or antenna be knocked down, blown over or fall on its own. Family (zoning). In R-A, Neighborhood Conservation and all single family districts including single family Planned Zoning Districts, a "family" is no more than three (3) persons unless all are related and occupy the dwelling as a single housekeeping unit. In all other zoning districts where residential uses are permitted, a "family" is no more than four (4) persons unless all are related and occupy the dwelling as a single housekeeping unit with the exception that the City Council may permit a definition of "family" as no more than five (5) persons unless all are related and occupy the dwelling as a single housekeeping unit in a specific Planned Zoning District with proper safeguards for the surrounding neighborhood such as applying the parking requirements of §172.11 (even though this is a multifamily PZD), requiring that each five (5) person unit must be placed within a freestanding structure of not more than two (2) stories and be buffered from other residential districts outside the Planned Zoning District. The City Council shall consider whether an applicant's PZD with one (1) or more five (5) unrelated person structures would cause unreasonable traffic into an adjoining residential neighborhood before approving any such PZD. Persons are "related" for purposes of this definition if they are related by blood, marriage, adoption, March 2021 Final Redlined Draft Page 13 of 134 Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: (Default) Arial, Italic Formatted: Table Normal Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial guardianship, or other duly -authorized custodial relationship. The definition of "family" does not include fraternities, sororities, clubs or institutional groups. FCC (wireless telecommunications facilities). The Federal Communications Commission. FEMA (physical alteration of land). Federal Emergency Management Agency. Fenestration (development) An exterior opening in the surface of a structure, such as a window, door, clerestory window, curtain wall, etc. Fill (physical alteration of land). A deposit of earth material placed by artificial means. First orground floor (DDOD). The finished floor facing a street right-of-way. Flashing sign (signs). An illuminated sign on which artificial or reflected lights is not maintained stationary and constant in intensity and color at all times when in use. Flood or flooding events (flood damage prevention). —ire. "general and -or temporary conditions ofr partial or complete inundation of normally dry land areas from the overflow of flood waters, or the unusual and rapid accumulation or run-off of surface water from any source. (A) 100-year flood (flood damage prevention) is any flood with a 1% chance of occurring in any given Formatted: Numbered + Level: 1 + Numbering Style: year. The term is misleading, because of its statistical derivation. A one hundred 000) year flood may A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: occur many times in any given one hundred (100) year period, or it may not occur at all in one 0^ + Indent at: 0.25" hundred (100) years. (B) 500-year flood (flood damage prevention) is any flood with a 0.2% chance of occurring in any given year. As with the one hundred (100) year flood, this term is also misleading, because of its statistical derivation. A five hundred (500) year flood may occur many times in any given five hundred (500) year period, or it may not occur at all in five hundred (500 years). ' Formatted: Normal Flood Boundary and Floodway Map. (flood damage prevention). The official map on which the Federal Insurance Administration has delineated both the areas of flood hazards and the floodway. Flood fringe (flood damage prevention) -refers. 4G4The portion of the one hundred (100) year floodplain which is outside the floodway. Flood Insurance Rate Map (FIRM) (flood damage prevention). The official map on which the Federal Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. Unless otherwise stated, it shall be the latest regulatory FIRM including any effective letters of map revision that has been adopted by FEMA. Flood Insurance Study (flood damage prevention). The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. Unless otherwise stated, it shall be the latest regulatory Flood Insurance Study for Washington County that has been adopted by FEMA. March 2021 Final Redlined Draft Page 14 of 134 Floodplain Floodwny Floodwny Fringe Floodwny Fringe Flood Floolj}d—y Fl—lpinln .w W w .'m '" W w Flaad Floodplain (stormwater management, drainage and erosion control). For a given flood event, that area of land that is temporarily covered by water and that adjoins a watercourse. In FEMA regulated, or established floodplains, the floodplains shall mean the area subject to inundation from any source during the regulatory event. Floodplain or flood -prone area (flood damage prevention). Areas that are subject to, or are exposed to, flooding and flood damage. Floodplain Administrator (flood damage prevention). re' r&4o'The community official designated in the local Flood Damage Prevention Code as responsible for the Code's administration. Floodplain development permit (flood damage prevention). 4s-aA permit issued by the local Floodplain Administrator and is required before beginning any development in an area designated as a special flood hazard area on the community's FIRM. Floodplain management (flood damage prevention). The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to, emergency preparedness plans, flood control works and floodplain management regulations. Floodplain management regulations (flood damage prevention). Development code, building codes, health regulations, special purpose ordinances (i.e., grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Flood -proofing (flood damage prevention). Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodproofing Certificate (flood damage prevention). This term -Frefers to FEMA form 086-0-34, which for the purposes of this Code must be properly completed by a professional engineer or architect licensed to practice in the State of Arkansas. March 2021 Final Redlined Draft Page 15 of 134 Floodway (flood damage prevention). The channel of a river, or other watercourse, and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. Also referred to as "regulatory floodway." Floodway (stormwater management, drainage and erosion control). The channel of a stream, plus any adjacent floodplain areas that must be kept free to encroachment so that the one hundred (100) year flood discharge can be conveyed without increases of more than specified amount in base elevations, either zero (0) or one (1) foot depending on specific location. This is an area of significant depths and velocities and therefore due consideration should be given to the effects of fill and loss of cross -sectional flow area is increased water surface elevations. Floor (DDOD). A story within a building. .Flow -through openings (flood damage prevention). -ire-oOpenings specifically designed to allow h Formatted: Font: (Default) Arial floodwaters to flow into and out of enclosed spaces, minimizing the danger of foundation or wall collapse from lateral hydrostatic pressure. FAuto matted: Table Normal 1, Space Before: Auto, After: Foot candle. A unit of measurement referring to illumination. One (1) foot candle is equal to one (1) lumen uniformly distributed over an area of one (1) square foot. Forestation (tree preservation and protection). The act of planting trees. Fraternity or sorority house (zoning). A building owned or leased by a general or local chapter of some regularly organized college fraternity or sorority, or by or on its behalf by a building corporation or association composed of members or alumni thereof, and occupied by the local chapter of such fraternity or sorority as a place of residence. Freestanding sign (signs). A sign which is attached to or a part of a completely self-supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or any other structure whether portable or stationary. Frontage line. The property line or lines of a lot which coincide with a right-of-way or other public open space. Front yard area. Front yard area shall mean the area between the plane of the front elevation of the principal fagade(s) of the principal structure extending to the side property lines and the front property line abutting the street, including the driveway. A front shall be any plane of a building which abuts to a public street right-of-way. Functionally dependent use (variances, flood damage prevention). A use which cannot perform its intended purpose unless it is located or carried out in close proximity to a feature, such as water. Gable (DDOD). The vertical triangular end of a building from cornice or eaves to ridge Gabled roof (DDOD). A double sloping roof that forms a gable at each end. Gambrel roof (DDOD). A roof where each side has two (2) slopes; a steeper lower slope and a flatter upper one; a "barn roof'. Garage sales (zoning). An occasional sales activity, not to include activities described elsewhere as home occupations, but including activities generally referred to as garage sales, yard sales, rummage sales, white elephant sales, cleaning sales, or moving sales, where used goods are displayed or offered for sale to the general public in a residential area on the resident's premises. Gas outlet (building regulations). For the purpose of establishing gas permit fees for additions, alterations, repair, and new installations, a gas outlet shall be defined as any service line and/or pipe replacement or March 2021 Final Redlined Draft Page 16 of 134 extension and a connection to any device and equipment that receives, stores, consumes, transfers, and/or discharges gas. Gasoline service station (Zoning). (A) Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, and where in addition the following services may be rendered and sales made, no other: (1) Sale and servicing of spark plugs, batteries, and distributor parts; (2) Tire servicing and repair, but no recapping or regrooving; (3) Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like; (4) Radiator cleaning and flushing; (5) Washing and polishing, and sales of automotive washing and polishing materials; (6) Greasing and lubrications; (7) Providing and repairing fuel pumps, oil pumps, and lines; (8) Minor servicing and repair of carburetors; (9) Emergency wiring repairs; (10) Adjusting and repairing brakes; (11) Minor motor adjustments not involving removal of the head or crankcase or racing the motor; (12) Sales of cold drinks, package foods, tobacco, and similar convenience goods for filling station customers, as accessory and incidental to principal operations; (13) Provision of road maps and other information material to customer; provision of restroom facilities. (B) Uses permissible at a filling station do not include major mechanical and body work, straightening of body parts, painting, welding, storage or automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in filling stations. A filling station is not a repair garage or a body shop. Glare (outdoor lighting) means the brightness of a light source that causes eye discomfort. Glazing (development). A transparent or translucent material that is integrated into a building envelope, such as a window, display window, door, glass curtain wall, etc. Grade (physical alteration of land). The percentage of rise or fall per 100 feet. Existing grade is the grade prior to grading. Rough grade is the stage at which the grade approximately conforms to the approved plan. Finish grade is the final grade of the site which conforms to the approved plan. Grading (physical alteration of land). Any stripping, cutting, filling, or stockpiling of earth or land. the City of Fayetteville to an entity with the legal ability to construct temporary erosion and sedimentation control practices and permanent stormwater practices in accordance and compliance with the provisions and permit conditions of Chapters 169 and 170. Green roof (Stormwater). A n green stormwater practice, designed per the City's Drainage Criteria Manual, in which an €elevated roof surface is s that are entirely covered with a thin soil and vegetation layer. March 2021 Final Redlined Draft Page 17 of 134 Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Formatted: Space Before: Auto, After: Auto Green Stormwater Practices (GSPs) and / or Mitigation Measures (development, stormwater management). A nean&-a green stormwater practice or Water Quality, Flood, and Tree Mitigation Ground cover (physical alteration of land). Plants with low, spreading habit that form a dense mat in time, preventing erosion. Guyed towers (wireless telecommunications facilities). A communications tower that is supported, in whole or in part, by guy wires and ground anchors. Habitable space. Building space whose use involves human presence. Habitable space excludes parking garages, self-service storage facilities, warehouses, and display windows separated from retail activity. Hazard to air navigation (Airport Zone). An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. Formatted: Font: Not Italic Formatted: Font: Not Italic Hazardous Materials.(flood damage prevention). A`` .,,�..� .^� env material, including any substance, waste, Formatted: Font: Not Italic or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Hazardous tree (tree preservation and protection). A tree or tree parts with high probability of falling or causing injury or property loss; also, a tree harboring insects or a disease that could be detrimental to surrounding trees. Health officer (Manufactured homes and parks) (manufactured homes and parks opened or expanded, 4- 20-72). The legally designated health authority of the city or his authorized representative. Height. (Airport Zone). Sea level elevation, unless otherwise specified. Height (Hillside/Hilltop Overlay District). Building height shall be measured from the lowest point of the structure at the historic grade, prior to development, to the highest point of the structure. If the structure is located on a graded pad then the height of the building is measured from the historic grade. Height (wireless telecommunications facilities). The vertical distance measured from the mean elevation of the finished grade to the highest point on the tower or other structure, even if said highest point is an antenna or antenna array. Highest adjacent grade (flood damage prevention). The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Hillside/Hilltop Development Manual (zoning). The best management practices document that supplements the Hillside/Hilltop Overlay District and illustrates desirable Hillside/Hilltop development practices. Hillside/Hilltop Overlay District (zoning). Lands located within the city that generally have slopes in excess of 15%. The Hillside/Hilltop Overlay District is shown on the city's official zoning map. The development regulations in the Hillside/Hilltop Overlay District supercede the underlying zoning district. IEII/17.MITr11far r-7/!111{7T.WWW!"Cm SIMMIMMEC..'0►.TSS7-T:E1:T:1tl-fI:T-7!111{tT.DIRT-7tt1:7►�7J:T.SL11R.fPTS.1tI:LT.iLi7_ Hipped roof (DDOD). A roof with slopes on all four (4) sides. The "hips" are the lines formed when the slopes meet at the corners. March 2021 Final Redlined Draft Page 18 of 134 Historic discharge or volume (Stormwater management, drainage and erosion control). The peak rate or volume at which stormwater runoff leaves a parcel of land in an undisturbed/natural site condition either by gravity or by the legally allowable discharge at the time of permit approval. Historic grade (Zoning). The natural grade of the land prior to any development. Historic structure (flood damage prevention). Any structure that is (A) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (B) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or (C) Individually listed on a state inventory of historic places which has been approved by the Secretary of the Interior. Home occupation (zoning). An occupation, profession or avocation conducted in a dwelling unit on a part- time or full-time basis for which financial compensation is received and which generates motor vehicle traffic to the dwelling unit by patrons or clients of the occupation, profession or avocation conducted therein. A nontraffic generating occupation, profession or avocation conducted in a dwelling unit by one (1) or more members of the family occupying the premises shall be considered a residential use and not a commercial use. The term home occupation shall include a child care facility handling not more than six (6) children at one (1) time. Horizontal surface (Airport Zone). A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plane coincides with the perimeter of the horizontal zone. Horsepower (building regulations). The equivalent to 745 watts. Housing Board (manufactured homes and parks) (manufactured homes and parks opened or expanded, 4-20-72). The Housing Board established by the city. House, lodging or rooming (zoning). A dwelling or building where lodging is provided for two (2) or more persons for compensation, pursuant to previous arrangements, but which is not available to transients and with which no table board is furnished. Hydrodynamic forces (flood damage prevention). -are2The forces and stresses associated with moving water, including impacts from objects carried in the water. Hydrostatic flood forces (flood damage prevention).-areiThe forces and stresses associated with standing floodwaters. Hydroseed (physical alteration of land). A machine blown mixture of mulch, seed and sometimes fertilizer. 1-540 Overlay District. The Overlay District encompasses all lands lying within 660 feet of each side of the right-of-way of 1-540 from the intersection of 1-540 and State Highway 471 (a/k/a 71 B) north to the city limits of Fayetteville, (a/k/a the 71 Bypass and/or John Paul Hammerschmidt Expressway), and also that portion known as State Highway 471 S described more fully as that portion of State Highway 471 which connects 1-540 to State Highway 471 (a/k/a North College) and all future extensions of 1-540 within the City of Fayetteville. Said boundaries are set out on the official plat pages along with a legal description of such boundaries located in the Planning Division. March 2021 Final Redlined Draft Page 19 of 134 Illicit Connection (stormwater management and drainage). a y man-made conveyance � 'w�—.. Formatted: Font: Not Italic connecting an illicit discharge directly to the City's municipal separate storm sewer system. This can include either: Formatted: Space Before: Auto, After: Auto (A) Any drain or conveyance, whether on the surface or subsurface that allows an illegal discharge to Formatted: Space Before: Auto, After: Auto, enter the storm drain system including but not limited to any conveyances that allow any non -storm Numbered + Level: 1 + Numbering Style: A, B, C, ... + water discharge including sewage, process wastewater, and wash water to enter the storm drain Start at: 1 + Alignment: Left + Aligned at: 0" + Indent system and any connections to the storm drain system from indoor drains and sinks, regardless of at: 0.25" whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, (B) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agencv.. Formatted: Font: Not Italic Illicit discharge. (stormwater management and drainage). A m�anv discharge to a municipal separate Illuminance. The photometric quantity most closely associated with the perception of brightness and measurement of the intensity of light falling on a surface at a given distance from the light source. Illuminated sign (signs). Any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper. Impact Fee Administrator (water and wastewater impact fees). The Zoning and Development Administrator or his designee Impervious area or surface (stormwater management and; drainage. physical alteration of land-aad eFOGOOn Gent•^')^s 'Land . A„ suFfaGe that has been compacted or covered so that it is highly resistant to infiltration by water. Examples include rooftops, sidewalks, driveways, parking lots, and streets unless specifically designed, constructed, and maintained to be pervious. Areas of compacted gravel are considered impervious. Improvements (development). Physical changes made to property to prepare it for development such as street grading, drainage structures, street surface, sidewalks, curbs, gutters, utility lines, bridges and similar items. Independent manufactured home (manufactured homes and parks) (manufactured homes and parks opened or expanded, 4-20-72). A manufactured home which has a flush toilet and a bath or shower. Intermittent stream ( tree preservation and protection). A stream that carries water part of the year is dry another part but receives flow from the groundwater table when it is high enough. Invasive species (tree preservation and protection). Any species not indigenous to a region, which becomes established and displaces native species. Joint identification sign (signs). A sign which serves as common or collective identification for a group of persons or businesses operating on the same subdivision or lot in a residential office, commercial or industrial district (e.g., shopping center, office complex, etc.) Such sign may name the person(s) or business included but carry no other advertising matter. March 2021 Final Redlined Draft Page 20 of 134 Formatted: Space Before: Auto, After: Auto Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Junkyard (zoning). Any worn out or discarded materials including but not limited to scrap metal, inoperable motor vehicles and parts, construction material, discarded appliances, or other material in a condition such that it cannot be used for its original purposes. Kennel (zoning). A structure or facility used for the purpose of breeding two (2) or more litters of puppies or kittens within any twelve (12) month period. A facility that keeps animals commercially and has open dog runs, outside play areas, or any areas where animals are kept or left outside. Lacustrine flooding (flood damage prevention). 4s-fFlooding associated with a lake. Formatted: Font: Not Italic Lamp or bulb (outdoor lighting) means the light producing source installed in the socket portion of a luminaire. Land disturbance (tree preservation and protection, physical alteration of land, landscape regulations). Clearing, scraping, grubbing, or otherwise removing or destroying the vegetation of a site, or adding, removing, exposing, excavating, leveling grading, digging, tunneling, trenching, burrowing, dumping, piling, dredging or application of toxic substance, storage of materials, and operation of equipment, or otherwise significantly disturbing the soil, mud, sand, or rock of a site. Landscape Administrator (tree preservation and protection). The person who is responsible for the administration of Tree Preservation and Protection, Chapter 167 and Landscape Regulations, Chapter 177. Also known as Urban Forester. Landscape establishment guarantee (tree preservation and protection). A bond, irrevocable letter of credit, or other surety held by the city until the satisfactory conclusion of the three (3) year landscape establishment period. Landscape fabric (physical alteration of land). A barrier against soil erosion, allowing water to pass through while keeping soil in place. Landscaping (zoning). The area within the boundaries of a given lot which consists of planting materials, including but not limited to trees, shrubs, ground covers, grass, flowers, decorative rock, bark, mulch, and other similar materials. Large scale development (development). -Generally intended for development on a site of 1 acre or greater in size and proposes to create more than 10,000 square feet of impervious area and where a corresponding subdivision of land is not proposed' The development of a lat nr parGel one (1 ` aGre ngreater size or tho, ronstrurtinn of a multi family building or buildings with twenty four (24) or more mprovernent, the nonstri mtinn of an addition to an P or a parceling which results the RAAd for aGness and utilities. generally 0 RteRded f49F, but not limited te, a develeomeRt that orepases t veil for arrays and u tilifioc Larger than utility runway (airport zone). A runway that is constructed for and intended to be used by propeller -driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft. Lateral forces (flood damage prevention). -afe-tThe horizontal hydrostatic forces associated with standing water. Water exerts an equal force in all directions, and as little as 3 feet of standing water can generate sufficient lateral force to collapse a foundation or wall. Formatted: Font: Not Italic Lattice tower (wireless telecommunications facilities). A guyed or self-supporting three (3) or four (4) sided, open, steel frame structure used to support telecommunications equipment. March 2021 Final Redlined Draft Page 21 of 134 Lease (signs). An agreement by which a property owner conveys, usually for a specified rent, to other persons, permission to erect and maintain an advertising sign upon his property. Less desirable species (tree preservation and protection). Low -priority trees or other woody shrubs listed in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. Levee Levee (flood damage prevention). A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. Light pollution (outdoor lighting). G4neaas-general sky glow caused by the scattering of artificial light in the atmosphere and resulting in decreased ability to see the natural night sky. Liner building. A building built in front of a parking garage, cinema, supermarket etc., to conceal large expanses of blank wall area and to face the street space with a fagade that has doors and windows. Lintel (DDOD). A horizontal beam that supports the weight of the wall above a window or door. Loading space, off-street (zoning). Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. ewneFship OF fGF development. Lot (signs). A parcel of land under one (1) ownership whether described by metes and bounds or as a platted lot. Lot. (zoning, flood damage prevention). A parcel of land of at least sufficient size to meet minimum zoning, and where applicable the flood damage prevention, -requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. The term includes the words "plot" or "parcel'. Such lot shall have frontage on a improved publiG 6#88t and may consist of: (A) A single lot of record; (B) A portion of a lot of record; (C) A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; (D) A parcel of land described by metes and bounds; provided that in no case of division or combinations shall any residential lot or parcel be created which does not meet the requirements of the zoning regulations, Chapter 167. Lot, corner (zoning). A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. March 2021 Final Redlined Draft Page 22 of 134 Lot, depth of (zoning). The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. Lot frontage (zoning). The front of a lot shall be construed to be the portion nearest the street. Lot, interior (zoning). A lot other than a corner lot with only one frontage on a street. Lot, through (zoning). A lot, other than a corner lot, with frontage on more than one (1) street. Through lots abutting two (2) streets may be referred to as double frontage lots. Lot, width of (zoning). The distance between straight lines connecting front and rear lot lines at each side Formatted: Space Before: Auto, After: Auto of the lot, measured across the rear of the required front yard, provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the 80% requirement shall not apply. jLot of record (zoning.) A lot which is part of a subdivision recorded in the office of the county recorder or a Formatted: Font: (Default) Arial lot or parcel described by metes bounds, the description of which has been so recorded. Lowest floor (flood damage prevention). The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such an enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. Luminaire or fixture (outdoor lighting) means a complete lighting unit including the lamps or bulbs, together with the parts required to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. M Mall (signs). Any concentration of retail stores and/or service establishments which share customer parking areas and are located within an enclosure having public walkways whereby a customer in one (1) store or establishment may walk to another store or establishment without leaving the enclosure. Mansard roof (DDOD). A roof type with two (2) slopes on each of the four (4) sides, the lower slope being steeper than the other; capped off with a cupola, typically Victorian. Manual message board (signs). A changeable copy sign that is arranged manually in the field through the utilization of alphanumeric characters and punctuation marks. Manufactured home (flood damage prevention). A factory -built, single-family structure that meets the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. §5401), commonly known as the HUD (U.S. Housing and Urban Development) code. For floodplain management purposes the term also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. March 2021 Final Redlined Draft Page 23 of 134 Manufactured home (manufactured homes and parks). A home built entirely in the factory under a federal building code, administered by the U.S. Department of Housing and Urban Development (HUD), which went into effect June 15, 1976. Manufactured home (manufactured homes and parks opened or expanded after 4-20-72). A detached structure designed as a complete residential dwelling unit with a permanent chassis and capable of being transported on its own wheels, or on a trailer, and constructed to be ready for use upon being placed on a temporary or permanent foundation. Manufactured home lot (manufactured homes and parks opened or expanded after 4-20-72). A plot of ground or a lot in a manufactured home park designed for the location for only one (1) manufactured home. Manufactured home pad (manufactured homes and parks opened or expanded after 4-20-72). That part of an individual manufactured home lot which has been reserved for the placement of a manufactured home. Manufactured home park (manufactured homes and parks). Any plot of ground of at least one (1) acre in size upon which two (2) or more manufactured homes, occupied for dwelling or sleeping purposes, are located. Manufactured home park (Manufactured homes and parks opened or expanded after 4-20-72). Any park, court, site, parcel or tract of land designed, maintained intended or used for the purpose of supplying a location or accommodations for two (2) or more manufactured homes and shall include all buildings used or intended for use as part of the equipment thereof; whether or not a charge is made for the use of the court and its facilities. Manufactured home park or subdivision (flood damage prevention). A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent. Manufactured home space (manufactured homes and parks). A plot of ground within a manufactured home park, designed for the accommodation of one manufactured home. Manufactured homes and trailer sales lot (manufactured homes and parks opened or expanded after 4- 20-72). A lot on which unoccupied trailers are parked for purposes of inspection and sale. Manufactured home court (zoning). Any plot of ground on which there are located or intended to be located two (2) or more manufactured homes to be occupied for dwelling or sleeping purposes. Mansard roof (signs). Any roof that has an angle greater than 45 degrees and which derives part of its support from the building wall and is attached to (but not necessarily a part of) a low slope roof and which extends along the full length of the front building wall or three-quarters of the length of a side building wall. For purposes of Signs, Chapter 174, a low slope roof shall mean any roof with a pitch less than 3 inches rise per 12 inches horizontal. Marquee. A permanently roofed architectural projection the sides of which are vertical and are intended for the display of signs and which is supported entirely from an exterior wall of a building. May. Is permissive. Mean sea level (flood damage prevention). For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. Meter (building regulations). For the purpose of establishing electrical permit fees for additions, alterations, repair, and new installments and to include farm buildings and owner/occupied dwellings a meter shall be defined as an apparatus to measure electrical power and an outlet shall be defined as a point on the wiring system at which current/voltage is switched, connected to a lighting fixture or March 2021 Final Redlined Draft Page 24 of 134 receptacle, connected to utilization equipment, and connected to any equipment that receives, controls, stores, consumes, and/or transfers electricity. Microbrewery/microdistillery/microwinery. An establishment for the manufacture, blending, fermentation, processing and packaging of no more than fifteen thousand (15,000) barrels of alcoholic beverages per year. It may serve alcoholic beverages for sampling on the premises and may also have wholesale and resale for sales of alcoholic beverages produced on the premises. Minimum buildable street frontage (zoning). The minimum required percentage of a lot's street frontage, established by the underlying zoning district and measured in linear feet, that is met by constructing a portion or portions of the vertical side of a building or structure within the build -to zone, subject to supplementary district regulations. Buildings may be constructed outside of the build -to -zone after the minimum required percentage has been met. Ministorage units (zoning). A structure or structures containing separate, individual, and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time. Mitigation (tree and preservation and protection). The planting of trees on -site in an effort to lessen the environmental damage caused by the injury or removal of trees during development. Mixed use structures (flood damage prevention). -are-&Structures with both a business and a residential component, but where the area used for business is less than 50 percent of the total floor area of the structure. Mobile home (zoning). A manufactured home built prior to June 15, 1976. Model home. A dwelling unit utilized for display purposes which typifies the type of units to be constructed F Formatted: Indent: First line: 0" and available for sale in a subdivision. A model home is constructed in an approved preliminary plat which has not yet received final plat and may be used to sell homes in that subdivision. The model home shall not be used as a branch real estate office for conducting business unrelated to the marketing of homes and lots within the subdivision. Monopole tower (wireless telecommunications facilities). A communications tower constructed without the use of guy wires and ground anchors and consisting of only a single pole. Monument sign (signs). A freestanding signs whose entire base is in contact with and supported by the ground. Motor vehicle (Zoning). A self-propelled vehicle that would have to be licensed to be operated on the public streets and highways. (See Chapter 14 of Title 27 of the Arkansas Code.) Motor vehicle accessory store (Zoning). Stores that sell new automobile parts, tires, and/or accessories. Motor vehicle repair and body shop (Zoning). Any property, building or portion thereof used for the service and repair of motor vehicles including major mechanical repair and body work, straightening of body parts, painting, welding, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in gasoline service stations. Mulch (physical alteration of land). A layer of leaves, straw, bark, or other organic material spread around plants to retain moisture, and to control weeds or erosion. Mullions (DDOD). Strips of wood or metal that separate and hold in place the panes of a window. Muntin (DDOD). A short vertical or horizontal bar used to separate panes of glass in a window or panels in a door. The muntin extends from a stile, rail, or bar to another bar. This term is often confused with mullion. March 2021 Final Redlined Draft Page 25 of 134 municipal streets, catch basins, curbs, putters, ditches, manmadechannels, and storm drains): (A) Which is owned or operated by a state, city, town, county, district, association, or other public management agency under section 208 of the Clean Water Act (33 U.S.C.1288) that discharges to waters of the United States; (B) Designed or used for collecting or conveying stormwater; (C) That is not a combined sewer; and (D) That is not part of a publicly owned treatment works. Native woodlands (tree preservation and protection). A biological community of trees and woody shrubs native to the Ozark Plateau, covering an area of 10,000 square feet or greater. A list of species to the Ozark Plateau may be found in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. Natural drainage ways (flood damage prevention, physical alteration of land). Ephemeral, intermittent and perennial streams. Chapter 169 is not concerned with ephemeral streams. New construction (flood damage prevention). For floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of this development code. New development (water and wastewater impact fees, development, physical alternationalteration of land, tree preservation and protection). Construction of a new single family home structure or other impervious area (IA) and the construction or expansion of any other building or structure. The change in use of a building or structure that results in increased demand from water and wastewater facilities shall also be considered new development. New manufactured home park or subdivision (flood damage prevention). n'�aA manufactured home Dark or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the initial floodplain management regulations adopted by a community. Formatted: Font: (Default) Arial, Italic Formatted: Font: (Default) Arial Formatted: Space Before: Auto, After: Auto Formatted: Font: Italic Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Space Before: Auto, After: Auto, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial No adverse impact principle (flood damage prevention). 4s--aA principle of restricting or prohibiting land development that does harm or "adversely affects" someone else's property or land. Formatted: Font: Not Italic Nonconforming sign (signs). A sign existing on 12-19-72 which could not be built under the terms of the UDC. Nonconforming use (Airport Zone). Any pre-existing structure, object of natural growth, or use of land which does not conform to the provisions of Chapter 165 or an amendment thereto. Nonconforming structures, uses, and lots. A structure or building, use or activity, or lot which was lawful prior to the adoption, revision, or amendment of the zoning ordinance but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district. Non-native woodlands (tree preservation and protection). A biological community of trees and woody shrubs, covering the area of 10,000 square feet or greater, descended from non-native species brought to the area during urban settlement. A list of typical non-native species may be found in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. March 2021 Final Redlined Draft Page 26 of 134 Nonresidential structures (flood damage prevention).-are-sStructures used only for commercial or public Formatted: Space Before: Auto, After: Auto purposes, such as businesses, schools, churches, etc. No -Rise Certificates (flood damage prevention). are#Formal certifications signed and stamped by a l Formatted: Font: (Default) Arial professional engineer licensed to practice in the State of Arkansas, demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that a proposed Formatted: Font: (Default) Arial development will not result in any increase (0.00 feet) in flood levels within the community during the Formatted: Font: (Default) Arial occurrence of a base flood event. Non -Traditional MS4 (stormwater management and drainage). m�eSVstems similar to separate Formatted: Font: (Default) Arial, Italic storm sewer systems in municipalities, such as systems at military bases, hospitals, public universities or prison complexes, and highways and other thoroughfares. The term does not include separate storm sewer systems in very discrete areas such as individual buildings. 1VPDES (stormwater management and drainage, physical alteration of land). 4s-aAn acronym for the _ - Formatted: Font: Italic National Pollutant Discharge Elimination System Storm Water Discharge Permit means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC & 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area -wide basis. Nudity or state of nudity (zoning). (A) The appearance of the bare human buttocks, anus, male genitals, female genitals or female breast. (B) A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast. Obstruction (Airport Zone). Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in Chapter 165. Off -site sign (signs). A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed. The term of -site sign shall include an outdoor advertising sign (billboard) on which space is leased or rented by the owner thereof to others for the purpose of conveying a commercial or noncommercial message. On -site sign (signs). A sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing on the same lot where such sign is displayed; provided, an on -site sign may also display a noncommercial message. Operator's permit (manufactured homes and parks) (manufactured homes and parks opened or expanded after 4-20-72). A written permit issued by the enforcement officer permitting the manufactured home park to operate under Chapter 175 and regulations promulgated thereunder. Original tower height (wireless telecommunications facilities). Height of a tower, not including any antennas, on the date of the passage of this ordinance. Outdoor advertising business (zoning). Provision of outdoor displays or display space on a lease or rental basis only. March 2021 Final Redlined Draft Page 27 of 134 Outdoor music establishment (zoning). Any business or establishment that has a garden, patio, rooftop or premises not wholly enclosed by solid walls and fully roofed in which amplified or loud music is played that could be audible at nearby residences or businesses. Outfall (StGFrnwater management, rainage criteria manual). The +e 'n ^' term drain, where the nnntpnt •�'�� �' rn�A point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and that are used to convey waters of the United States. of the channel and enter the floodplain). Parapet. A low guarding wall at the edge of a roof, terrace, or balcony Parcel (development). An area under one (1) ownership. Parking garage (DDOD). Layers of parking stacked vertically. Parking informational sign (Signs). A wall sign or a freestanding sign indicating the location of a motor vehicle parking lot and designating the persons authorized to park in said lot. The size of a parking information sign shall not exceed 4 square feet. The number of parking informational signs on a parking lot shall not exceed the number of entrances for the parking lot. Parking lot (zoning). An off-street, surfaced, ground level open area, for the temporary storage of five (5) or more motor vehicles. Parking pad (Hillside/Hilltop Overlay District). Parking areas for multi -family residential, residential office, and commercial use in the Hillside/Hilltop Overlay District. Parking space, off-street (parking and loading). A space adequate for parking an auto manufactured with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Passive open space (development). An area intended for tranquil activities such as walking, sitting, observing and the less active games like shuffleboard and croquet. Pavement width (development). The distance from inside edge of curb to inside edge of curb (flow line to flow line). Peak flow (stormwater management, drainage and erosion control). The maximum rate of flow of water at a given point and time resulting from a given storm event as defined by the City's current Design Criteria Manual. Peak flow attenuation (stormwater management, drainage and erosion control). The reduction of the peak discharge of storm runoff by storage and gradual release of that stored flow as defined by the Citv's current Design Criteria Manual. Pedestal (DDOD). The base or support of an upright structure. Percent minimum canopy (tree preservation and protection). The amount of existing tree canopy an applicant must preserve based on the zoning designation of the land to be developed. Perennial stream (physical alteration of land). A stream that carries water year round March 2021 Final Reclined Draft Page 28 of 134 Formatted: Font: (Default) Arial, Italic Formatted: Table Normal Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Permeable pavers (landscape regulations`^ wale•). A solid surface that allows natural drainage and migration of water into the earth by permitting water to drain through the surface itself or through spaces between the pavers. Person An individual, firm, limited or general partnership, corporation, company, business, association, joint stock association, organization, group of individuals, other legal entity or government entity, including a trustee, a receiver or assignee or a similar representative of any of them. Personal use (wireless telecommunications facilities). "Personal use" refers to a non-commercial use by a resident of the subject property. If any revenues are generated from the operation of the tower, it will not be for personal use as such term is used. Pet shop (zoning). A commercial establishment or facility which regularly sells pets such as dogs, cats, F Formatted: Space Before: Auto, After: Auto birds, rodents, reptiles and/or fish to the general public. Piers (flood damage prevention). )-are-cColumns of rnasearyconcrete or other structural material Formatted: Font: Italic (GOMMORIV n nt hlnnLc n AGkPd � n 4n support a n,,fanf, ,rnrl home), usualiv .nn4n nn„Inr used to support other structural members. Pilings (flood damage prevention). arasSteel tubes driven to rock or a suitable soil bearing layer and Formatted: Font: (Default) Arial connected to the foundation of a structure. Plan, General (development). The plan made and adopted by the Planning Commission and adopted by the City Council that includes studies and analysis of the population, housing and economics of the city and includes the future land use plan and the master street plan. Plan, Future Land Use (development). A part of the Comprehensive Land Use Plan made and adopted by the Planning Commission and adopted by the City Council that establishes long-range planning policies and implementation strategies to manage and guide future growth and development, consisting of a map and text. It includes general recommendations for locations of land uses. Plan, Master Street (development). A part of the Comprehensive Land Use Plan made and adopted by the Planning Commission and adopted by the City Council that classifying certain streets within the planning area jurisdiction as arterial or collector streets, consisting of a map and text. Planned Zoning District (zoning, development). A zoning district that allows for comprehensively planned developments for either single -use or mixed -use and permits development and zoning review as a simultaneous process. Plat, concept (development). A generalized sketch of an area intended to be subdivided and containing sufficient information to allow the Planning Commission to determine whether a subdivide can comply with the regulations. Plat, final (development). A complete and exact subdivision plat, prepared for official recording as required by state law, to define property boundaries and proposed streets and other improvements. Plat, preliminary (development). A preliminary plat for a subdivision shall be a formal plan, drawn to scale, indicating prominent existing features of a tract and its surroundings and the general layout of the proposed subdivision and shall meet the requirements outline in Chapter 166. Platform sign (signs). A single or double -face sign attached to a supporting base place on the ground surface. Plinth (Hillside/Hilltop Overlay District). A foundation or base, usually on the upslope side of the Hillside/Hilltop, on which a house is located. Most often a plinth is constructed by erecting a retaining wall at the street with backfill creating a level building pad for the home. March 2021 Final Redlined Draft Page 29 of 134 Plumbing fixture (building regulations). For the purposes of establishing plumbing permit fees for additions, alterations, repairs, and new installations, a plumbing fixture shall be defined as any service line and/or pipe replacement or extension and any device and equipment that receives, stores, consumes, transfers, and/or discharges liquid and/or waste. Pole sign (signs). A freestanding sign that is affixed, attached, or erected on a pole or poles that is not itself an integral part of or attached to a building or structure. Pollutant (stormwater management and drainage). ny4 �'^^ 'Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seg.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. It ,+ne^+ nnn-. ( a) Sew aqe frem vessels; o h) Water gas, ar other FnAterinl .4hioh is ooto.l into well to faoilitate pre ,d„otion of eil o .^+r.r derived association w4lh oil and spr] either to gas production and disposed of in a Well, if the well is nilitefe nred6i Gtion or for disposal n ed by .a „thorn., of the Cfete in vihinh the . ell i.. Qreu or „rfnne ..inter res ou rnec Ponding (flood damage prevention). 4s-aA flooding effect where floodwaters accumulate in shallow Porch (DDOD). An open, roofed structure attached to and structurally a part of the main building that is not more than 75% enclosed by walls and is not heated or cooled. Portable swinger sign and A -frame or sandwich sign (signs). An advertising device which is ordinarily in the shape of an "A" or some variation thereof, located on the ground, easily movable, not permanently attached thereto and which is usually two (2) sided. Formatted: Font: Italic Formatted: Space Before: 0 pt, After: 0 pt Formatted: Table Normal Formatted: Space Before: Auto, After: Auto Formatted: Font: Not Italic Portable temporary attraction sign board (signs). A single or double -surface painted or poster panel type t Formatted: Space Before: Auto, After: Auto sign or some variation thereof, which is temporary in nature, usually mounted on wheels, easily movable, and not permanently attached thereto. stormwater best management practices that are used on a permanent basis to control and treat runoff once construction has been completed in accordance with a drainage permit issued per Chapter 170 and the City's current Drainage Criteria Manual. Precision instrument runway (Airport Zone). A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document. Prefabricated construction (zoning). Any structure built off -site excluding manufactured homes. Primary surface (airport zone). A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in §165.01. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. Principal dwelling unit (zoning). A principal dwelling unit is the primary and larger of two dwelling units located on a single lot. March 2021 Final Redlined Draft Page 30 of 134 Formatted: Font: (Default) Arial, Italic Formatted: Font: (Default) Arial, Italic Principal tagade. The front plane of a building that faces a public street including porches and balconies, but not including stoops, awnings or canopies (whether or not attached to the building). Private open space (development). The outdoor living area directly adjoining a dwelling unit or building, intended for the private enjoyment of the residents or occupants of the dwelling unit or building and defined in such a manner that its boundaries are evident. Projected bay (DDOD). A window or series of windows forming a bay in a room and projecting outward from the wall. Projecting sign (signs). Any sign that shall be affixed at an angle or perpendicular to the wall of any building in such a manner to read perpendicular or at an angle to the wall on which it is mounted. Protected Streams Map (flood damage prevention). 4&4The official map adopted by the Fayetteville City Council, and revised as required administratively for annexed areas, indicating the point where at least 100 acres drains into a waterway and the requirements of the streamside protection zone apply downstream. Public grounds (tree preservation and protection). Areas including street rights -of -way, alleys, parks, medians, substations, treatment plants, plazas, squares, public buildings and any other area designated for public use. Public open space (development). Open space, including but not limited to, any park, lake, stream, playground, or natural area commonly open to the public. syrfaGps such as ronfis. RA'n bArrp's usually inGlude a hole at the top to allpi - A� �A - @tLzr t flow in, a sealed lid, aR overflow pope or hese, and a spigot to dispeRse water. By haldiRg and FeUSiRg raiRwater, raiR barrels roil mp stormwater r nofr from s tes and conserve notable water. Rain garden (StOR ,:.atateflow impact development). An attractive landscaping feature planted with perennial native plants. It is a bowl -shaped garden, designed to absorb stormwater run-off from impervious surfaces such as roofs and parking lots. Real estate sign (signs). Temporary sign placed upon property for the purpose of advertising to the public the sale or lease of said property. Rear access lane A publicly or privately owned secondary way that affords access to the side or rear of abutting property. Recreational structure (development). Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground that has a primary use that is recreational in nature. Among other things, recreation structures include tennis courts, basketball courts, swimming pools and jogging trails. Recreational vehicles (flood damage prevention) means a vehicle which is. (i) Built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) Designed to be self-propelled or permanently towable by a light duty truck; and (iv) Designed primarily not for use as a permanent dwelling but as temporary living quarters for Formatted: listl recreational, camping, travel, or seasonal use. March 2021 Final Redlined Draft Page 31 of 134 as a lake, or by structures surh as a darn or bridge, or by Political or legal hounds. In. the ahspnrp of complete information to define or Ps-timate a onp hundred (100) year flood, an interim regulatory area may Regulatory floodway (flood damage prevention). See: "F000dway." Relic orchard (tree preservation and protection). Groups of fruit trees originally planted for agricultural purposes, but since taken out of production. Remedy a violation (flood damage prevention). To bring the structure or other development into compliance with state or local floodplain management regulations, or, if it is possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this development code, or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. Remove (signs). Remove shall mean: (A) The sign face, along with the posts, columns, or supports of freestanding signs, shall be taken down and removed from the property. (B) The sign face and supporting structures of "projecting", "roof' or "wall" signs shall be taken down and removed from the property. (C) The sign face of "painted wall signs" shall be removed by painting over the wall sign in such a manner as to completely cover up and hide from sight the sign in question. Residential driveway (streets and sidewalks). A driveway on public property adjacent to a public street or highway to provide entrance to or exit from residential property for the exclusive use and benefit of those residing therein. Residential zone (streets and sidewalks). Any one (1) side of a block in which 50% or more of the frontage of that side is used for residential purposes. Retail (DDOD). The sale of commodities or goods in small quantities to ultimate consumers. Retail liquor store (zoning). Any business engaged primarily in the retail sale of spirituous, vinous or malt beverages or light wine or beer as said terms are defined by A.C.A. §3-1-102, §3-1-103 and §3-5-202 for off -premises consumption. Retaining wall (physical alteration of land). A structure erected between lands of different elevation to protect structures and/or prevent erosion from the upper slope. Retaining wall height (physical alteration of land). The height of a retaining wall, for setback purposes, shall be defined as the vertical distance from the top of the wall to the ground surface of the low side. Retention (stermwate..,,.,nagement drainage and erasion Pentreflandscape regulations). The use of complete storage to prevent the discharge of a given volume of stormwater runoff into surface waters. Right-of-way (development). The land opened, reserved or dedicated for street, walk, drainage or other public purposes. Riparian (tree preservation and protection low impact development). Of, relating to, or located on the bank of a river or stream. Riparian buffer (tree preservation and protection, low impact development). A biological community consisting of trees, woody shrubs and groundcover that exists along the banks of rivers, creeks or intermittent and perennial streams. March 2021 Final Redlined Draft Page 32 of 134 Rip -rap (physical alteration of land). A loose assemblage of stones placed on ground to prevent erosion. Rip -rap shall be sized so that displacement does not occur due to velocity of water. Risk zones categorize special flood hazard areas into groupings by the specific risk of flooding. Zones A. AE, AO, and AH are special flood hazard areas. See "X Risk Zones" in this section. Riverine (flood damage prevention). Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Riverine flooding (flood damage prevention). is-fFlooding associated with a river or stream channel. Roof sign (signs). Any sign wholly erected, constructed or maintained on the roof structure or parapet wall of any building. Runoff reduction method. 4Refers to the use of Green Stormwater Practices as described in the City's current Drainage Criteria Manual, to control stormwater runoff volume by attempting to mimic a site's natural hydrology through the use of design techniques that promote infiltration, filtration, storage, and evapotranspiration. Runway (Airport Zone). A defined area on an airport prepared for landing and take -off of aircraft along its length. Rural street (development). A street located, or to be located, outside the city limits of the city but within the planning area jurisdiction of the city. RV (flood damage prevention). 4s4The acronym for recreational vehicle. Safety zone (streets and sidewalks). All parts of the street or highway right-of-way between the curb or shoulder line and the right-of-way line along the property frontage, except those areas contained in the access driveways. Screw augers (flood damage prevention). ­aFe-aAny type of anchor that twists into the soil, typically to a depth of 4 feet or more. They are not suitable for securing manufactured homes against floodwaters because saturated grounds often soften and fail to hold the anchor in place. Section 404 Wetlands Permit (flood damage prevention). 4s-aA permit required under Section 404 of the Clean Water Act for the discharge of dredged and fill material into any surface water of the United States. The US Army Corps of Engineers issues Section 404 permits. Sediment basin (physical alteration of land). A temporary depression in a waterway designed to trap sedimentation before entry into the stormwater system or natural drainage ways. Separate offense (tree preservation and protection). In relation to trees, each tree is a separate offense. Service building (manufactured homes and parks) (manufactured homes and parks opened or expanded after 4-20-72). A building housing toilet and bathing facilities for men and women with laundry facilities and such other facilities as may be required by Chapter 175. Setback (zoning). A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure 30 inches above the general ground level of the graded lot upward, provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility. An architectural projection, such as an eave, utility chase, chimney or bay window shall not be considered to be in violation of a setback requirement as long as the projection does not intrude into a public right-of-way or extend more than 3 feet into a setback. A projection which encroaches into a setback shall not come closer than 3 feet to a property line. March 2021 Final Redlined Draft Page 33 of 134 Setback lines or building lines (development). A line on a plat generally parallel to the street right-of-way, indicating the limit beyond which buildings or structures may not be erected except as provided in ordinances. Setback, front (zoning). (A) A setback extending between side lot lines across the front of a lot adjoining a public street. In the case of through lots, unless the prevailing front setback pattern on adjoining lots indicates otherwise, front setbacks shall be provided on all frontages. (B) Depth of required front setbacks shall be measured at right angles to a straight line joining the foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lines would have met without such rounding. Setback, rear (zoning). (A) A setback extending across the rear of the lot between inner side setback lines. In the case of through lots and corner lots, there will be no rear setbacks, but only front and side setbacks. (B) Width of a required rear setback shall be measured in such a manner that the setback established is a strip of the minimum width required by the district regulation with its inner edge parallel with the rear lot line. Setback, side (zoning). (A) A setback extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side setbacks shall extend from the rear lines of front setbacks required. In the case of corner lots, yards remaining after full front setbacks have been established shall be considered side setbacks. (B) Width of a required side setback shall be measured in such a manner that the setback established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line. Setback, special (zoning). A setback behind any required setback adjacent to a public street, required to perform the same functions as a side or rear setback, but adjacent to a lot line so placed or oriented that neither the term "side setback" nor the term "rear setback" clearly applies. Sexually oriented business (zoning). An adult arcade, adult bookstore or adult video store, adult cabaret, adult motion picture theater, or adult theater. SFHA (flood damage prevention). 4s4The acronym for special flood hazard area. Formatted: Font: Not Italic Shall (zoning). Is mandatory. Shallow flooding (flood damage prevention). Flooding at neanT a depth of less than 3 feet. Shed roof (DDOD). A roof type with one high pitched plane covering the entire structure. Shielding (outdoor lighting) means that no part of the lamp or bulb is visible below the horizontal plane of the fixture where light is emitted. The lamp or bulb shall be completely enclosed within the fixture. The top and sides of the fixture above the horizontal plane shall be 100% opaque. Shopping center (signs). Two (2) or more retail stores and/or service establishments, or one (1) retail store and one (1) service establishment, sharing customer parking areas, regardless of whether said stores and/or establishments occupy separate structures or are under separate ownership. March 2021 Final Redlined Draft Page 34 of 134 Sign (signs). Only those commercial and non-commercial signs that are in view of the general public from a public right-of-way or public property shall be regulated pursuant to Chapter 174, Signs. Signs within buildings not generally visible outside the building are not regulated. (1) Non-commercial sign. A device or display including flags and attraction devices commonly referred to as a sign that does not advertise a product or service or relate to a business purpose, does not propose a commercial transaction nor relate to economic interests including offices and studios. (2) Commercial sign. A device or display including flags and attraction devices commonly referred to as a sign that does not meet the definition of a non-commercial sign nor a government sign. (3) Government sign. A device or display including flags commonly referred to as a sign that is installed, owned, required or controlled by the City of Fayetteville, County of Washington, State of Arkansas, the United States of America or any agencies or subdivisions of such governmental bodies. (4) Artistic murals. Artistic murals hand painted on a building's wall without advertising, commercial logos or depictions of commercial activities are not signs for the purposes of Chapter 174, Signs. Significant tree (tree preservation and protection). A tree with a diameter at breast height (DBH) of 24 inches or more for fast growth species, 18 inches or more for slow and moderate growth species, and 8 inches or more for understory species, as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. A tree may also be considered significant because of advanced age for its species, or because it represents an uncommon or endangered species, or due to its location on a site designated as historic by local, state or federal authorities. Single housekeeping unit (zoning). A dwelling unit with common access to and common use of all living and eating areas an all areas and facilities for the preparation, serving and storage of food within the dwelling unit. Site (physical alteration of land). Any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted. Slab anchors (flood damage prevention). -are-aAnchors where the hook of the anchor is wrapped around a horizontal rebar in the slab before the concrete is poured. Slope (physical alteration of land). An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. Special flood hazard areas (flood damage prevention).-afe-aGeographical areas identified on FEMA flood maps as being at -risk for flooding. The maps further categorize these areas into various flood risk zones A, AE, AH, and AO. Formatted: Font: Not Italic Specified anatomical areas (zoning). (A) Less than completely and opaquely covered human genitals, pubic region, buttock(s), and female breast below a point immediately above the top of the areola; and (B) Human male genitals in a discernible turgid state, even if completely and opaquely covered. Specified sexual activities (zoning). (A) Human genitals in a state of sexual stimulation or arousal; (B) Acts of human masturbation, sexual intercourse, or sodomy; (C) Fondling or other erotic touching of human genitals, pubic region, buttock(s) or female breast. Spotlight or floodlight (outdoor lighting) means any lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction. March 2021 Final Redlined Draft Page 35 of 134 Spot light illumination (signs). Illumination which comes from lamps, lenses or devices designed to focus or concentrate the light rays of the source. Stabilization (physical alteration of land). That which is attained once the site is restored to its pre - development state in terms of soil stability and irritability. Start of construction (flood damage prevention). T4s4he The date the building permit is issued for either new construction or substantial improvement, provided the actual start of construction, repair, reconstruction, replacement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, beyond excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation or the installation of streets and/or walkways, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. State coordinating agency (flood damage prevention). T44he agency that acts as a liaison between FEMA and a community for the purposes of floodplain management. The ^Fkansas Nat, rat Rpsn,,rees SertffnissiGnArkansas Department of Agriculture Natural Resource Division is the State Coordinating Agency for Arkansas. Stealth technology (wireless telecommunications facilities). Systems, components and materials used in the construction of wireless communications facilities to make it compatible with the surrounding property. Stoop (DDOD). A small platform and / or entrance stairway at a door, commonly covered by a secondary roof or awning. Storefront. The portion of a building at the first story of a retail frontage that is made available for retail use. Stormwater (stormwater management, drainage and erosion control). The runoff flow -of -water that results from and occurs immediately following a rainfall event. Stormwater facility (landscape regulations, physical altematieaalteration of land, stormwater management, drainage and erosion control). A facility designed to meet the requirements for stormwater management. For the purposes of Chapters 169 and 170this �,o,^"^n, stormwater facilities refer primarily to detention ponds. Stormwater man gement drainage and arosion noWrol permit (stermwater management, draiRage and of Chapter 170 Stormwater management plan (stormwater management, drainage and erosion control). A plan for receiving, handling, and transporting storm and surface waters within the city's stormwater management system. Stormwater management system (stormwater management, drainage and erosion control). All natural and man-made elements used to convey stormwater from the first point of impact with the surface of the earth to a suitable outlet location internal or external to the boundaries of the City of Fayetteville. The stormwater management system includes all pipes, channels, streams, ditches, wetlands, sinkholes, detention/retention basins, ponds, lakes, and other stormwater conveyance and treatment facilities whether public or private. _Stormwater sizing criteria�(stormwater management, drainage and erosion control). Development protects applying for a Grading and Drainage Permit shall meet the Minimum Standards related to stormwater runoff and protection of existing water bodies and properties. These stormwater sizing criteria must be _ Criteria Manual. March 2021 Final Redlined Draft Page 36 of 134 Formatted: Font: (Default) Arial, Italic Formatted: Table Normal Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Story (building height). Building height when measured in stories shall be as defined by the International Building Code. Stream (flood damage prevention). Dos -defined for the purposes of Chapter 168, Flood Damage Prevention, as single lines with no floodplain or floodway defined as illustrated on the Citv's current —A peFiadiGally. Strearns de not Ins,- their Ahararler as A wateFGE)UFSe even though the watGF may dry up. Fe thepyFlaose of this erdi ,ante strea..ms are rlpf'npd on the Flood Insurance Rate Map as single Iine6 with Stream corridor (stormwater management, drainage and erosion control). The landscape and physical features on both sides of a stream, including soils, slope, and vegetation, whose alteration can directly impact the stream's physical characteristics and biological properties. Streamside protection zones (flood damage prevention). afe aAreas generally, but not always, made up of trees.- asaaNy-and accompanied by shrubs and other vegetation along a stream, river or shoreline that is managed to maintain the integrity of the waterway and to reduce pollution. Formatted: Font: Not Italic Street (development). A strip of land, including the entire right-of-way, intended primarily as a means of vehicular and pedestrian travel which may also be used to provide space for sewers, public utilities, trees and sidewalks. Street, arterial (development). A street or road of considerable continuity which serves or is intended to serve as the principal traffic way between separated areas or districts which is the main means of access to the primary street system or expressways. Street, collector (development). A street which in addition to serving abutting properties, intercepts minor streets, connects with community facilities and carries neighborhood traffic to the major arterial street system. Where possible, houses should not front on collector streets. Street, frontage (development). A minor street which is generally parallel to and adjacent to a major highway or railroad right-of-way and which provides access to abutting properties and protection from through traffic. Street line (zoning) (streets and sidewalks). The right-of-way line of street. Street, minor (development). A street used primarily to provide access to abutting properties. Street right-of-way (development). The area designated for city improvements on both sides of the street. Streets (streets and sidewalks). Of higher use designation than collector street, including arterial streets and expressways as defined in Ordinance No. 1750 of the City of Fayetteville, Arkansas. Structural development (flood damage prevention). 4s-aA development that includes the placement or construction of a structure. Structure (flood damage prevention). Refers 4efers-to any building with two (2) or more rigid walls and a fully secured roof on a permanent site or to any gas or liquid storage tank that is principally above ground. Formatted: Font: Not Italic Structure (Airport Zone). An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines. Structure or building (zoning). Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, manufactured homes, walls, fences, billboards and poster panels. March 2021 Final Redlined Draft Page 37 of 134 Subdivider (development). A person, firm or corporation undertaking a subdivision as defined in Chapter 166, Development. Subdivision (development). The subdividing of land into lots and blocks, the parceling of land resulting in the need for access or utilities, or the dividing of an existing lot or parcel into two (2) or more lots or parcels. Substantial damage (flood damage prevention). Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before -damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. period, either: (A) Before the improvement or repair is started; or started within the past 5-year period. this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (a) Any protect for improvement or a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (b) Any alteration of a structure listed on the National Register of Historic Places, or a state inventory of historic places provided that the alteration will not preclude the structure's continued designation as an historic structure., Suburban (development). Located outside the corporate city limits, but within the city's planning area. March 2021 Final Redlined Draft Page 38 of 134 Formatted: Not Highlight Formatted: Not Highlight Formatted: Space Before: Auto, After: Auto Formatted: Font color: Auto, Not Highlight Formatted: Not Highlight Formatted: Font color: Auto, Not Highlight Formatted: Not Highlight Formatted: Not Hiahlioht Formatted: Font color: Auto, Not Highlight Formatted: Not Highlight Formatted: Font color: Auto, Not Highlight Formatted: Indent: Left: 0.5", Space Before: Auto, After: Auto Formatted: Not Hiahlioht Formatted: Space Before: Auto, After: Auto Formatted: Font color: Auto, Not Highlight Formatted: Not Highlight Tandem lot. A lot which has less than 50% of the required frontage on a public street and which is located behind a conforming lot or a portion of a conforming lot. Telecommunications (wireless telecommunications facilities). The transmission, between or among points as specified by the user of information of the user's choosing, without change in the form or content of the information as sent and received. Terne (DDOD). An alloy of lead with about 15% tin. Used to coat sheet steel to inhibit corrosion. Terrace (physical alteration of land). A relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. Top of bank (flood damage prevention). +s-tThe point along a streambank where an abrupt change in slope is evident, and where the stream is generally able to overflow the banks and enter the adjacent floodplain during flows at or exceeding the average annual high water stage. Topping (tree preservation and protection). Also referred to as stubbing, dehorning, pollarding and heading; it is the severe removal of the tree canopy back to large stubs. Tower or communications tower (wireless telecommunications facilities). Any structure that is designed and constructed for the primary purpose of supporting one or more antennas, including lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common -carrier towers, cellular telephone towers, alternative tower structures, and the like. This term is not intended to describe buildings or other structures that have been constructed primarily for a purpose other than supporting one or more antennas, despite the fact that such structure may currently, or in the future, actually support one (1) or more antennas. Towing impound yard (Zoning). A facility operated for the temporary storage of towed motor vehicles that are to be claimed by their title holders or agents, or transported to a repair shop. Towing service (Zoning). An establishment that provides for the removal of a motor vehicle by towing, carrying, hauling or pushing from public or private property when such vehicle has been ordered to be impounded to a public or private impound yard. This shall not include a "motor vehicle repair and body shop" use that has a tow truck and services vehicles on -site. Transitional surfaces (Airport Zone). A surface extending outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of 7 feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Travel trailer (zoning). A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding 8 feet. Tree (Airport Zone). Any object of natural growth. Tree (tree preservation and protection). Any self-supporting woody perennial plant, usually having a main stem or trunk and many branches, and at maturity normally attaining a trunk diameter greater than 3 inches at DBH and a height of over 10 feet. Tree preservation area (tree preservation and protection). Those areas designated for the protection of both preserved and planted trees depicted on a tree preservation plan, abbreviated tree preservation plan, preliminary plat, large scale development, or site plan. Tree preservation plan (tree preservation and protection). A site plan that delineates tree preservation areas and details measures to be taken to ensure protection and survivability of trees to be saved, prior to and during construction. March 2021 Final Redlined Draft Page 39 of 134 Tree registry (tree preservation and protection). A list of trees registered with the city due to documented historic association, rare tree species or extraordinary value because of their age, size or type. Tree surgery (tree preservation and protection). Includes cavity filling/repair, bracing, cabling, and wound treatment. Turret (DDOD). A small tower or tower -shaped projection on a building. U Unifiprl Roil Qas ifiGatien System ( hysiGal alteFatien of 'and). A systern adopted jointly by the GOFPS Of arrar n.a lGe as engineering GtF Gtien Fnat arial Unit (building regulations). A product or equipment used in heating and air conditioning, refrigeration, ventilation, or process cooling and heating system. Undhvorsal soilless equation (physiGal alte-ratien of land). An equation that was developed by USDA to determine Prns'nn based rainfall, semi irritability, slepe, length of slope, plant Gover, and MWIGhing. Urban (development). Located within the corporate city limits. Urban Forester (tree preservation and protection, landscape regulations). The person who is responsible for the administration of Tree Preservation and Protection, Chapter 167 and Landscape Regulations, Chapter 177. Also known as Landscape Administrator. Urban Forestry Advisory Board (tree preservation and protection). An advisory committee appointed by the City Council to assist the Urban Forester with city beautification and the management of its trees. Urban street (development). A street located, or to be located, within the city limits. Use buffer (tree preservation and protection). Trees or other woody shrubs that serve to screen incompatible land uses, unwanted light, or noise. Used or occupied (zoning). Include the words "intended", "designed", or "arranged to be used or occupied." Uses vulnerable to floods (flood damage prevention\\ eYrin�nl•°^ ). aAny land or structural uses that may be negatively affected by a flood. when speGifiG enfn_Fr_P_mPnt wn, ild rpq- -it ­nnPPPqs ry hardship. A variance, therefore, permits GARStr1_1G4iAR or developmeRt OR a maRRer othepwvise pFohibited by this erdiRaFiGe. (For full requirements .. §60 R of the N atmen al Reed IRS_UF ante F2FO F aan r ul atiens \ unnecessary and undue hardship Veterinary small animal out -patient clinic (zoning). An office where vaccination and treatment of small animals is performed; where no x-rays, surgery or treatments requiring hospitalization are performed; where no overnight boarding is permitted; and where no after-hours or weekend emergency services are performed. View obscuring vegetation (zoning). A screen of live plant material that is opaque from the ground to a height of at least 6 feet intended to exclude visual contact between uses and to create a strong March 2021 Final Redlined Draft Page 40 of 134 impression of special separation during all seasons of the year. At maturity, the screen shall be considered to be view obscuring if there are no openings of greater that one square foot. Violation (flood damage prevention). The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Chapter 168 is presumed to be in violation until such time as that documentation is provided. Visual runway (Airport Zone). A runway intended solely for the operation of aircraft using visual approach procedures. W Wall sign (signs). Any sign that shall be affixed parallel to the wall or printed on the wall of any building in such a manner as to read parallel to the wall on which it is mounted; provided, however, said wall sign shall not project above the top of the wall or beyond the end of the building. For the purpose of Chapter 174, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign. Any sign that is affixed to the face of the building marquee, building awning, or a building canopy shall be considered a wall sign. Wastewater system improvements (water and wastewater impact fees). Capacity -enhancing improvements to the facilities for the transmission, treatment, reclamation and disposal of wastewater. Lift stations, force mains and gravity mains or excluded from the definition of wastewater system improvements. Water surface elevation (flood damage prevention). The height, in relation to the VertiG^i Datum rnNorth American Vertical Datum (NAVD) of 1988 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplains of seastal or riverine areas. Water system improvements (water and wastewater impact fees). Capacity -enhancing improvements to the facilities for the supply, storage, transmission and distribution of potable water, excluding water lines less than 8 inches in diameter and other lines that are the minimum size needed to serve an individual development project. Watercourse alteration (flood damage prevention). 4Refers to any change that occurs within the banks of a watercourse. Windblown sign (signs). Any flag, pennant, balloon, spinner, or blimp Wireless communications facility (WCF) (wireless telecommunications facilities). A land use facility that transmits and/or receives electromagnetic signals for the purpose of transmitting analog or digital voice or data communications. It includes antennas, microwave dishes, horns and other types of monopoles, or similar structures supporting said equipment, equipment buildings, shelters or cabinets, and other accessory development. Wireless communications facility includes personal wireless services as defined in the Federal Telecommunications Act of 1996, and as subsequently amended. X_ X risk zones (flood damage prevention). -are-aA special group of insurance risk zones. One (1) type, shown as non -shaded areas on FEMA issued flood maps, indicates a zone where "^^d"n^'� ^^' Hof minimal flood risk. The second type, shown as shaded areas of FEMA flood maps, indicates a flood hazard area that is expected to be affected by the five hund red (500) year flood, but not by the one hundred (100) year base flood. (Code 1965, §§13A-1; 13B-1; 17B-7(a0, 19-24, 1713-2; App. A, Art. 17; App. B, §1; App. C, Art. 1, §D; Ord. No. 1509, 8-8-66; Ord. No. 1747, 6-20-70; Ord. No. 1790, 3-15-71; Ord. No. 1801, 6-21-71; Ord. No. 1859, 3-20-72; Ord. No. 1893, 12-19-72; Ord. No. 1998, 5-7-74; Ord. No. 2581, 12-4-79; Ord. No. 2697, 1-20-81; Ord. No. 2753, 8-18-81; Ord. No. 2789, 1-18-82; March 2021 Final Redlined Draft Page 41 of 134 Formatted: Heading 4 Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3011, 6-5-84; Ord. No. 3024, 8-21-84; Ord. No. 3231, 12-2-86; Ord. No. 4024, §2, 3-28-87; Ord. No. 3298, 10-6-87; Code 1991, §§98.60, 118.01, 150.02, 156.001, 156.065, 158.03, 158.35, 159.04, 160.002, 160.096(A), 160.121, 161.06, 162.02, 163.02; Ord. No. 3551, 6-4-91; Ord. No. 3138, 11-5-85; Ord. No. 3165, 2-4-86; Ord. No. 3699, §2, 4-20-93; Ord. No. 3780, §1, 4-19-94; Ord. No. 3794, §1 5-17-94; Ord. No. 3870, §1, 4-1-94; Ord. No. 3895, 6-20-95; Ord. No. 3901, §1, 2, 7-5-95; Ord. No. 3908, §1, 7-18-95; Ord. No. 3970, §1, 7-18-95; Ord. No. 3913, §1, 8-1-95; Ord. No. 3963, §1, 4-16-96; Ord. No. 3970, §1, 5-7-96; Ord. No. 3971, §1, 5-21-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, 8-18-98; Ord. No. 4127, 12-15-98; Ord. No. 4178, 8-31-99; Ord. No. 4226, 2-15-00; Ord. No. 4285, 1-2-01; Ord. No. 4321, 6-19-01; Ord. No. 4340, 10-2-01; Ord. 4714, 6-21-05; Ord. No. 4817, 1-03-06; Ord. No. 4847, 3-7-06; Ord. No. 4855, 4-18-06; Ord. No. 4919, 09-05- 06; Ord. No. 4930, 10-03-06; Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5056, 9-04-07; Ord. No. 5128, 4-15-08; Ord. No. 5206, 12-16-08; Ord. No. 5238, 5-5-09; Ord. No. 5296, 12-15-09; Ord. No. 5304; 1-19-10; Ord. No. 5312, 4-20-10; Ord. No. 5313, 4-20-10; Ord. No. 5327. 6-1-10; Ord. No. 5339, 8-3-10; Ord. No. 5352, 9-7-10; Ord. No. 5348, 9-7-10; Ord. No. 5375, 12-21-10; Ord. No. 5453, 10-18-11; Ord. No. 5490, 4-3-12; Ord. No. 5526 9-18-12; Ord. No. 5559, 01-03-13; Ord. No. 5592, 06-18-13; Ord. No. 5634, 11-05-13; Ord. No. 5653, 01-21-14; Ord. No. 5679, 4-15-14; Ord. No. 5735, 1-20-15; Ord. No. 5793, 8-18-15; Ord. No. 5866, §1, 4-5-16; Ord. No. 5888 , §1, 6-21-16; Ord. No. 5901 , §1, 9-6-16; Ord. No. 5951 , §1, 2- 7-17; Ord. No. 5986 , §3, 7-6-17; Ord. No. 6015, §2, 11-21-17; Ord. No. 6087, §1, 9-4-18) Chapter 152: - ADMINISTRATION CHAPTER 153: - ENFORCEMENT 153.02 - Right Of Entry And Inspection LLb4 Zoning and Development. For properties on which an active zoning or development application is made, development review staff, and elected and appointed officials shall have the right of entry and inspection. (B) Tree Preservation and Protection. The Landscape Administrator shall have the right to inspect the sites Formatted: Numbered + Level: 1 + Numbering Style: within the city involving tree preservation plans, tree preservation in rights -of -way and public grounds, A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: significant trees that constitute a hazard or a threat, and trees involving variance requests, or as 0^ + Indent at: 0.25" otherwise required under the Code of Fayetteville. 1CL(W Physical Alteration of Land. In applying for a grading permit, the applicant shall be deemed to have consented to an inspection to determine whether construction is proceeding according to the grading plan. QL(C} Manufactured homes. The Health Officer shall have the power to enter at reasonable times upon any manufactured home park for the purpose of inspecting and investigating conditions relating to the enforcement of Chapter 175, or of regulations promulgated thereunder. rwr wnsuucuun xurrnwdter rmdndyenrent dnu Urdrnaye. ur dupiyuiy iur a yrduing anu wemage�; -I Formatted: Font: Italic permit, the applicant shall be deemed to have consented to the verification of "as built' stormwaterFFormtted: l features as well as routine inspection of features within the public right-of-way or with drainage Numbered + Level: 1 + Numbering Style: easements. , ... + Start at: 1 + Alignment: Left + Aligned at: dent at: 0.25" (Code 1965, §13B-6; Ord. No. 1859, 3-20-72; Code 1991, §§156.071(B), 161.14, 162.08; Ord. No. 3551, 6-4-91; Ord. No. 3699, §8, 4-20-93; Ord. No. 3901, §1, 7-5-95; Ord. No. 4100, §2 (Ex. A.), 6-16-98) March 2021 Final Redlined Draft Page 42 of 134 153.07 - Stop Work Order (A) Remedial Work. (1) A stop work order may be issued if remedial work is not being undertaken. (2) When the city has performed remedial work, a stop work order shall be issued and shall remain in effect until payment has been received for the work performed. (B) Failure to Obtain Permit or Plan. A stop work order maybe issued for all work being performed without required permits or plans. (C) Noncompliance/Tree Preservation Plan. The Landscape Administrator may issue a stop work order directing the parties involved to cease and desist all work which does not comply with the tree preservation plan. (D) Noncompliance/Grading and Drainage Plan. The City Engineer may issue a stop work order directing the parties involved to cease and desist all work which does not comply with its grading and drainage plan. (E) Noncompliance/Repeat Offenders. The City Engineer may issue an immediate stop work order directing the parties involved to cease and desist all work onsite for parties which have been cited Previously. (Code 1991, §§161.20(A), (B), 163.12(A)(2); Ord. No. 3551, 6-4-91; Ord. No. 3895, §1, 6-20- 95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98) CHAPTER 154: -AMENDMENTS CHAPTER 155: - APPEALS 155.06 -Appeals From Staff Interpretations/Actions (A) Appeals to City Council. The following staff interpretations/actions may be appealed to the City Council by an owner of record of the property in question or an alderman on behalf of a resident of the city: (1) Zoning and Development Administrator. (a) Design Overlay District requirements. The decision of the Zoning and Development Administrator not to exempt property from the Design Overlay District requirements as allowed in §161.28(G). (b) Development Matters. An interpretation or decision of the Zoning and Development Administrator regarding development matters, including subdivisions, large scale developments, parking and loading, and outdoor lighting may appeal. (2) City Engineer. (a) Stormwater, Drainage, and Erosion Control Requirements. The decision of the City Engineer to issue a violation notice related to these requirements. (b) Development Matters. An interpretation or decision of the City Engineer regarding development matters, including grading, drainage, water and sanitary sewer systems, and storm drainage systems may appeal. (c) Floodplain Regulations. The decision of the Floodplain Administrator, provided that the City Council shall hear and decide an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of Chapter 168. March 2021 Final Redlined Draft Page 43 of 134 (d) Streamside Protection Zones. An interpretation or decision of the City Engineer concerning the regulated uses, structures and activities, streamside boundary location or land use exemptions. (3) Urban Forester —Landscape and Tree Preservation and Protection requirements. Decisions of the Urban Forester related to landscape and tree preservation and protection requirements. (4) Impact Fee Administrator. Any person aggrieved by any decision of the Impact Fee Administrator made in the enforcement or administration of Chapter 159 Fees. (B) Appeals to the Board of Adjustment. The following interpretations and decisions maybe appealed by an owner of record of the property in question or an alderman on behalf of a resident of the city to the Board of Adjustment: (1) Zoning and Development Administrator —Zoning. An interpretation or decision of the Zoning and Development Administrator regarding zoning matters may appeal. (2) Building Safety Division Director —Airport Zone. Any person aggrieved, or any taxpayer affected by any decision of the Building Safety Division Director, made in the administration of Airport Zone, Chapter 165, may appeal. (C) Appeals to the Planning Commission. (1) Required Dedications and Improvements. (a) An owner or developer who is aggrieved by the requirements of the Unified Development Code for land, right-of-way or easement dedications, construction of on -site or off -site improvements, or payments in lieu of any dedication or improvement, which are in excess of the "rough proportionality" of the impact of the development upon the city's infrastructure or services may appeal such requirement to the Planning Commission as a part of the submission of the preliminary plat, large scale development, subdivision, building permit, lot split, grading permit, floodplain development permit, or otherwise within 10 days of notification of such development requirements. The appeal must be presented to the Planning Division in writing and state the grounds, or reasons for the appeal. (b) The Planning Commission shall determine after public hearing whether the required dedications and improvements meet the "rough proportionality" of the impact of the development on city infrastructure and services. If the requirements are in excess of the "rough proportionality," the Planning Commission is empowered to modify or reduce such requirements to achieve "rough proportionality." (2) Administrative Approvals. (a) A resident of the city or an owner/developer who is aggrieved by a decision of the Zoning and Development Administrator regarding development matters that are approved administratively, as required by Chapter 166.02(C) may appeal the decision to the Planning Commission. The appeal shall be submitted in writing to the Planning Division within 10 days of the final decision. The appeal shall be limited to the applicable approval or denial criteria as follows: (i) The development plan is not submitted in accordance with the requirements of Chapter 166 of the Fayetteville Unified Development Code. (ii) The proposed development would violate a city ordinance, a state statute, or a federal statute. (iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by Chapter 166 of the Fayetteville Unified Development Code. (iv) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant March 2021 Final Redlined Draft Page 44 of 134 due to factors such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (v) City water and sewer is not readily available to the property within the large scale development or preliminary plat and the developer has made no provision for extending such service to the development. (vi) The developer refused to comply with UDC Ch. 166 pertaining to required on -site and off -site improvements. (b) The appellant must include in the letter of appeal the specific code section with which the development application does not comply. (c) The Planning Commission shall determine after public hearing whether the interpretation or discretionary decision should be upheld or modified in part or in whole. (D) Appeals to the Construction Board of Adjustment and Appeals. When the administrative authority under Chapter 173 shall disapprove an application, or the applicant is aggrieved by the interpretation of the administrative authority, the applicant may appeal the decision to the Construction Board of Adjustment and Appeals. (Code 1965, §17B-11.2(d), (e), App. A., Art. 10(6), 19(2), App. B, §III, App. C., Art. 10(6), 19(2), App. B, §III, App. C., Art. V, §A; Ord. No. 1747, 6-29-70; Ord. No. 1750, 7-6-70; Ord. No. 2109, 6-375; Ord. No. 2252, 7-6-76; Ord. No. 2538, 7-3-79; Ord. No. 2585, 12-4-79; Ord. No. 2697, 1-20-81; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-14-88; Code 1991, §§150.03, 158.67(B), 158.68(A), (B), 159.65, 160.048, 160.172, 160.176(A), (B), 161.11, 162..03(B), (C), 163.10(D); Ord. No. 3551, 6-4-91; Ord. No.3587, §1, 1-7-92; Ord. No. 3699, §3, 4-20-93; Ord. No. 3716, §2, 6-15-93, Ord. No. 3806, §1, 6-28-94;Ord. No. 3895, §1, 6-20-95; Ord. No. 3901, §1, 7-5-95; Ord. No. 3901, §1, 7-5-95; Ord. No. 3925, §7, 10-3-95; Ord. No. 3963, §9, 4-16-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4368, §2, 2-5-02; Ord. No. 4377, §§1, 2, 3-5-02; Ord. No. 4652, 12-07-04; Ord. No. 5206, 12-16-08; Ord. No. 5296, 12-15-09; Ord. 5390, 3-1-11) CHAPTER 156: -VARIANCES CHAPTER 157: - NOTIFICATION AND PUBLIC HEARINGS CHAPTER 158: - BONDS AND GUARANTEES 158.02 - Excavation In Public Rights -Of -Way Sash Bond. No Derson shall make anv excavation of a street or Dublic riaht-of-wav unless a Gash bond is first deposited -issued with to the city for the purpose of guaranteeing repair and replacement of said street or public right-of-way. Said sask}bond shall be in an amount equivalent to the estimated cost of properly repairing and replacing said street or public right-of-way, as determined by the MayeF OF his duly a therized re presentativeCity Engineer. (Code 1991, §161.23; Ord. No. 3551, 6-4-91; Ord. No. 4100, §2 (Ex. A), 6-16-98) March 2021 Final Redlined Draft Page 45 of 134 CHAPTER 159: - FEES 159.01 - Fees/Schedule (A) Fees. Fees shall be imposed, as set forth below, to cover a portion of the cost of public notices and such other expenses as may be incurred in connection with processing of applications, plan reviews, amendments, permits, variances and other matters pertaining to the UDC. An alderman may present a resolution to the City Council to waive or reduce development permit fees otherwise required by this chapter or elsewhere within the Unified Development Code, where it is permitted. If the reduction or waiver would serve the public interest, alleviate an unfair burden upon an applicant, or be beneficial to the city as a whole, the City Council may grant such reduction or waiver of permit fee. (B) Fee schedule. (1) General. Unless specific fees are otherwise adopted by the City Council, the following schedule of fees is established. (2) Signs. (a) Signs. $25-.W for each sign. (b) Windblown signs. $10-.04. (c) Sign variance. Filing fee: $25-.90 (3) Development-. a) All Concept Plats. $50 b) Lot splits or property line adjustments. $200 c) Subsequent technical plat reviews for tabled items, after initial Fee in item d) below. $200 d) All other Plat Reviews (Concurrent -Rat— Preliminary and Final): Per Plat Nonresidential $800-.00 10 or less residential units $200-.W 5 or less residential units $40000 6 or more residential units $800�0 March 2021 Final Redlined Draft Page 46 of 134 Formatted: Font: (Default) Arial, 10 pt Formatted: Indent: Left: 0.3" Formatted: Font: (Default) Arial, 10 pt Formatted: Table Normal Formatted: Font: (Default) Arial, 10 Formatted: bcl Formatted: Font: (Default) Arial Formatted Table Formatted: Font: (Default) Arial, 10 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial 29 A I;idPAt:nl f 80o 00 e) Other Plan Reviews: Large Scale Development Planned Zoning and Site Improvement Distric FIlans onresidential 5,000 or less s . ft. $400.00 800 Nonresidential Over 5,000 s . ft. $800.00 $1,125 10 or less residential units $200.00 1525 5 or less residential units 400.00 725 6 or more residential units $800.00 ILI25 March 2021 Final Redlined Draft Page 47 of 134 Formatted: Normal (Web) Formatted: Normal (Web), Left Formatted: Left Formatted: bc0, Left Formatted: Font: Formatted: Font: (Default) Arial Formatted Table Formatted: Font: (Default) Arial Formatted: Left Formatted: Font: (Default) Arial Formatted: Left Formatted: Font: (Default) Arial Formatted: Left Formatted: Font: (Default) Arial Formatted: Left Formatted: Font: (Default) Arial Formatted: Left Nonfesidefftial 5,000 or- less sq. &$00.00 Nem-esidential Over 5,000 sq. €t- e 1 1 Desidenfi 1. 1 0 ..« si dentia ,00 tMits"lets e c 25 25 or loss «o tiside,, 1 ttxits/lets26 �2500 �s« mere r-esideatia Q 1 ,00 First review see applioali��e fee h- o.l iteams 0 ta Formatted: Normal (Web) Formatted: Normal (Web), Left Formatted: Normal (Web), Left Formatted: Normal (Web), Left Formatted: Normal (Web), Left Formatted: Normal (Web), Left Formatted: Normal (Web), Left Formatted: Normal (Web) ' Formatted: Normal (Web), Left Formatted: Normal (Web), Left (4) Grading and linage Permits. Two (2) reviews are covered with the initial application F Formatted: Normal (Web) fee. For each subsequent review, a resubmittal fee shall apply. Permit Application Fees Size of Disturbed Area Grading Plan and Permit, raina a Report aad -PerwAReview Lif requiredl Resubmittal Fee — ess than 0.5 acre $75.00 $75.00 75.00 0.51 to 1.0 acre $100.00 $100.00 100.00 Over 1.0 acre $200.00 $200.00 200.00 Appeals $100.00 N/A N/A March 2021 Final Redlined Draft Page 48 of 134 Formatted: Indent: First line: 0.5" Formatted: Font: (Default) Arial Formatted: Centered Formatted Table Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, 10 pt Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial (5) Zoning. Rezoning $325.00 Accessory Dwelling $100.00 Conditional use $100.00 Manufactured home: Initial permit $25.00 Renewal $12.50 Home occupation: Initial permit $25.00 Renewal $12.50 Planning Commission or Board of Adjustment Variance: Before any violation has occurred $25.00 After any violation has occurred $100.00 Appeal of Zoning and Development Administrator interpretation $100.00 (6) Streets and Sidewalks. Driveway, curb cut, sidewalk, and all other excavation in public right-of-way $25.00 (7) Tree Preservation. Filing fee 1 $120.00 March 2021 Final Redlined Draft Page 49 of 134 Formatted: Normal (Web) Formatted: Normal (Web), Left Formatted: Normal (Web), Left Formatted: Normal (Web), Left Formatted: Left Formatted: Left (8) Floodplain Determination. Administrative review fee (residential, single lotl $�550.00 Type of Review Grading Plan and Resubmittal Fee Permit Administrative review 50 N/A (EC, Fence, Acc Structure, etc.. LOMA, LOMR-F 75 25 CLO M R/LOM R 200 100 Appeals 100 N A GFading Plan and Resubmittal-FLee irrFeREe, AEEct....,.WFe [ten nn T 1 (IAA ATIIAAD C (9) Vacations. Filing fee $200.00 (10) Building Permits. (a) General fees. The following general provisions shall apply to all permits, including but not limited to building, electrical, gas, mechanical and plumbing; and shall apply in addition to the fees and requirements set forth in each separate code. (b) Permit Valuation. (i) Permit valuation is the reasonable valuation of all services, labor, materials, and appliances or devices entering into and necessary to the prosecution and completion of the work ready for occupancy. (ii) The permit valuation shall include total cost such as plumbing, electrical, gas, mechanical, equipment, and other systems, however, the cost of excavation or grading, paying, and land cost are not deemed a part of such permit valuation. (iii) The building permit fee shall be based on the construction valuation as determined by the published Building Code Fee Schedule or as submitted by the applicant, whichever is greater. (c) Building Construction. Building construction fees shall be as set forth in the Building Code, fees appendix, except as set forth below: March 2021 Final Redlined Draft Page SO of 134 Formatted: Font: (Default) +Body (Calibri) Formatted: Table Normall, Line spacing: Multiple 1.08 li Formatted Table Formatted: Font: (Default) +Body (Calibri) Formatted: Table Normal1, Line spacing: Multiple 1.08 li Formatted: Font: (Default) +Body (Calibri) Formatted: Table Normal1, Line spacing: Multiple 1.08 li Formatted: Font: (Default) +Body (Calibri) Formatted: Left Formatted: Font: (Default) +Body (Calibri) Formatted: Left Formatted: Normal Original C of 0—new building $15.00 Certificate of completion $15.00 C of O—existing building and/or change of occupancy use $25.00 Demolition permit $50.00 Temporary C of 0 $25.00 Footing/foundation only $50.00 Appeal of building official to Construction Board of Adjustment and Appeal $50.00 Moving permit $100.00 Administrative/Maintenance Fee $25.00 Permit extension $50.00 Permit Processing Fee* $200.00 A permit processing and review fee shall be submitted with all building permit applications as required in the Building Code Fee Schedule. This fee shall be applied as a credit to the total fees due once the building permit is obtained. (d) The Building Official shall administer the collection and reporting of fees as required herein. In the event of whether a fee should be charged or not, the Building Official shall make the final determination. (e) Supplementary Permit fees. Design/Build Fee. In addition to the permit fees, a design/build fee for fast -track, design - build, and buildings permitted with construction progressing as design and construction plans are in progress shall be equal to one-half the permit fee but shall not be more than $1,000.00. (ii) Emergency, Investigative and After Hour(s) . In addition to the permit fee, an emergency fee for after hours inspection, investigations and emergency inspections shall be $20.00 per inspection. (iii) Outside City Limits. In addition to the permit fee, each inspection required outside Fayetteville city limits shall be $20.00 per inspection. (iv) Work Without Permit. Where work for which a permit is required is started or proceeded prior to obtaining said permit, the fees herein specified shall be doubled. Payment of such double fee shall not relieve any persons from fully complying with the requirement of any code in the execution of the work nor from any other applicable penalties. (v) Re -inspection . For a re -inspection to correct a violation(s) and/or if installation is not ready for requested inspections the fee shall be $25.00. For each subsequent re - inspection, the fee shall be double the amount of the previous fee, with a maximum of $200.00. All re -inspect fees must be paid prior to the inspection taking place. (vi) A Temporary Certificate of Occupancy may be issued for a period of up to thirty (30) days for a fee of $25.00. For each subsequent month that a Temporary Certificate of Occupancy is requested by the applicant and granted by the city, a fee shall be imposed March 2021 Final Redlined Draft Page S1 of 134 that is double the amount of the previous fee, with a maximum of $200.00, until a final Certificate of Occupancy is granted. (f) Exemptions from Permit Fees. (i) Historical Buildings. (a) Buildings identified and classified as historical buildings or structures by state or local jurisdiction shall be exempt from permit fees. (b) The Mayor may exempt all or part of the applicable permit fees for buildings that can be proven to be more than fifty (50) years old. This exemption shall apply only to owner -occupied, single-family dwellings where there is to be no change of use or occupancy. (ii) Affordable Housing. Construction of single family and non-profit multi -family supportive housing funded wholly or primarily by federal Community Development Block Grants, non-profit service organizations such as Habitat for Humanity, Housing and Urban Development housing loans and similar programs designed to provide affordable, owner -occupied, single family residences to low income individuals and non-profit multi- family supportive housing shall be exempted from payment of building permit fees. (iii) City -Owned Facilities. Construction projects that occur on city -owned properties for facilities that are partially or wholly owned by the city shall be exempted from payment of building permit fees. (g) Electrical. (i) Electrical Permit Fees. Fees for permit shall be paid to the city, as follows: (a) First four meters, new or replacement, $20.00. (b) For each additional meter on a building, $5.00. (c) $0.25 per outlet, and $10.00 per inspection with electrical wiring in concrete. (d) Neon tube lighting shall be $10.00 for each transformer. (e) A minimum fee for any electrical permit shall be $20.00. (ii) Apprentice Electrician. Registration of an apprentice electrician, $10.00. (h) Gas. (i) Gas Permit Fees. Fees for gas permit shall be paid to the city, as follows: (a) First five (5) fixtures for $20.00 plus $2.00 for each additional fixture. (ii) Exceptions. Gas ranges/ovens, domestic clothes dryers, and space heaters not required to have a vent are exempted and gas permits are not required to connect these appliances to an existing gas outlet in an existing piping system. (i) Mechanical Permit Fees. Fees for a mechanical permit shall be paid to the city as follows: Minimum permit fee for the first unit $20.00 Additional units greater than 1/3 hor se $5.00 power Fractional horse power mechanical $2.00 exhaust Gas vent per unit $5.00 March 2021 Final Redlined Draft Page 52 of 134 0) Plumbing. (i) Plumbing Permit Fees. Fees for plumbing permits shall be paid to the city, as follows: (a) First five fixtures for $20.00, plus $1.75 for each additional fixture, and (b) $10.00 for each inspection required for plumbing under slab. (Code 1965, §§17B-3(c); 17B-7(k), 18-27, App. A., Art. 9(6), 10(2), 11, App. C., Art. II, §E; Ord. No. 1747, 6-29-70; Ord. No. 1790, 3-15-71; Ord. No. 1893, 12-19-72; Ord. No. 2198, 2-17- 76; Ord. No. 2323, 4-5-77; Ord. No. 2538, 7-3-79; Ord. No. 2581, 12-4-79; Ord. No. 2934, 8-2- 83; Ord. No. 2948, 9-20-83; Ord. No. 3230, 11-8-86; Ord. No. 3298, 10-6-87; Code 1991, §§98.62, 158.22, 158.45, 159.15, 160.172, 160.195, 160.197; Ord. No. 3716, §2, 6-15-93; Ord. No. 3925, §4, 7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. 4323, 6-19-01; Ord. No. 4806, 12-20-05; Ord. No. 5425, 8-2-11; Ord. No. 5724, 12-02-14) CHAPTER 160: -ZONING DISTRICTS CHAPTER 161: -ZONING REGULATIONS CHAPTER 162: - USE UNITS CHAPTER 163: - USE CONDITIONS CHAPTER 164: - SUPPLEMENTAL ZONING REGULATIONS AND SPECIALIZED DEVELOPMENT REGULATIONSW CHAPTER 165: - AIRPORT ZONE CHAPTER 166: - DEVELOPMENT 166.01 - Development Categories (A) Property Line Adjustment. A property line adjustment is a transfer or adjustment of a property line or lines between adjoining property owners which does not create a separate, new lot. A property line adjustment cannot dedicate new easements or right-of-way. (B) Subdivision of Land. (1) Lot Split. When a property is to be subdivided into two (2), three (3) or four (4) lots parcels the application may be processed as a lot split. Except for lot splits created pursuant §164.22 Cluster Housing Development (C) Development Review Process-, after the creation of more than four (4) lots from an original parent tract as established under Washington County's countywide 1985 reappraisal.; Aany subsequent subdivision of the parent or resulting tracts is required to be processed as a preliminary/final plat or concurrent plat. A lot split may dedicate new easements or right-of-way; and may be combined with an easement plat. March 2021 Final Redlined Draft Page S3 of 134 (2) Preliminary Plat. When a property is to be subdivided into more than four (4) lots; or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, the application shall be processed as preliminary plat. A preliminary plat establishes the preliminary location of lot lines, streets, and utility infrastructure, and allows for the applicant to request construction plan approval and install required improvements. (3) Final Plat. After completion of the required infrastructure (water, sewer, storm drainage, utilities, street improvements, etc.) for a preliminary plat, the entity subdividing subdivider may submit an application for approval of the final plat. The final plat application may not be submitted until the final inspection for the required infrastructure has been scheduled with City Engineering staff. (4) Concurrent Plat. A concurrent plat combines the preliminary and final plat into one step. A concurrent plat is permitted when a property is to be subdivided into more than four (4) lots, or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, and the existing and new parcels do not require construction of new infrastructure. ... .... Formatted: listl .. GenGGPFaGernmendations fFGFn Gity sta# and the CommissionPlanning development plan for riavipi.I %I .... squaFe feet Of R area With' 'an to obtain . . ...-...n the c'tv or Gotv's planninq area bounclary he/she rnav submit a concept fppdhank and recommendations from G'tv staff and thp Plann'nq Comm' lo 1) (9C€) Site Plan. (1) Large Scale Development. A large scale development is generally intended for, but not limited t ;4 nnn ,;mdeRtma' xed multi fam" development on a site of 1 acre or greater in size ; orand-thatand proposes to create -more than 10,000 square feet of impervious area and the „stru.tion of A multi -family building or buildings with twenty _faur (24) n#s Where a corresponding subdivisions of land is not proposed. the requirements for a large-scale development: i. A site 1 acre or greater in size and creating more than 10,000 square feet of new impervious area: ii. Facilities emitting odors or handling explosives and impervious area or a development on a lot or parcel In a zoning district subject to administrative approval. (2) Large Site Improvement Plan A large site improvement plan review is intended for a large scale development that is located on a site within a zoning district that permits administrative approval. A large site improvement plan is subject to the requirements and excluded developments for a large scale development listed in Fayetteville Unified Development Code 166.01(C)(1). (3) Small Site Improvement Plan. A small site improvement plan review is intended for development on a site that is less than one (1) acre in size with greater than 10,000 square feet of new impervious area. the requirements for a small site improvement plan: i. A development that is excluded from large scale development or large site improvement plan review and requires review by multiple city divisions: March 2021 Final Reclined Draft Page 54 of 134 Formatted: Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.8" + Indent at: 1.05" Formatted: listl, Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.8" + Indent at: 1.05" Formatted: Font: Not Italic Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.8" + Indent at: 1.05" ii. The creation of more than 10,000 square feet of impervious area for a development on site of less than one (1) acre within any zoning district. new impervious area shall be exempt from the site improvement plan requirements and shall be submitted in accordance with the requirements of &166.02(E) and §166.15. Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.8" + Indent at: 1.05" Formatted: Normal Formatted: IistO, Indent: Left: 0", First line: 0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55" Formatted: IistO, No bullets or numbering Formatted: IistO (id) Require more than twenty five (25) additional parking spaGeS under the provisions of Chapter 172, — Commented [DH1]: Seems generous. Commented [DH2]: Circular logic, i.e. it is referring to it's own section? Correct callout? Commented [DH3]: Suggest assigning a max size / bounding these items, 1,000 sf might be too small but 10,000 seemed too big. Commented [DH4]: J Curth comment on 2/5/21: Need to review, clarify, and apply consistently. -` Commented [DH5]: J Curth comment on 2/5/21: Need to \ review, clarify, and apply consistently. Cornmosslan in a form lAfh'rh eompares the approved qubmission with the desired --ulamossmon, the Subdivision Committee shall appreve or disapprove the requested modifiGations. Formatted: No bullets or numbering / _R I aFge C:te 1... Fevement Ran A IaFge site :mpFe,wnent plan review :� intended for... I.�...e �..�I Formatted: Font: Italic deveiopment on a site that i6 weater than one (1) aGFe in 849 a that ir 10048d O.n R R& 144thhn 9 Formatted: Indent: Left: 0.25", First line: 0" Development Code 166.01(D). A large site improvement plan �s subject to thp modifiration fF&- Commented [PA6]: Are we creating another divide based on use rather than impact of the less than 10,000 SF 4gy��nen resWential, mixed use, or multi family development �n a ske tthat is ies, t�=-=M% impervious? Does this meet our flow chart desire? This .. 0 (I ) let othOR oZE)RORq diot.irt that Fecluores revmew by m lt:ele pity divi..ienc. appears as if it will need a flow chart revision. March 2021 Final Redlined Draft Page S5 of 134 (1) Requirement. The development of the following must be processed On accordance—wfth—the- Formatted:list0 requiremants far a smell site improvement nlen� (a) A development that is PxGluded frorn large SGale development review and FeqU'FeS review by multiple. E;ity divisions; �44'�;TConcept Plan. When a developer intends to subdivide property within the city or city's planning area boundary he/she shall submit a concept plan to obtain feedback and recommendations from city staff prior and the Planning Commission to submitting a fullV engineered development plan for review. When a developer intends to develop greater than 10,000 square feet of new impervious area within the city or city's planning area boundary they may submit a concept plan to obtain feedback and recommendations from city staff prior to submitting a fully engineered development plan for review. (D) Modifications. Formatted: Numbered + Level: 1 + Numbering Style: (a) Minor Modifications. The Zoning and Development Administrator maV authorize minor A, B, C, ••• + Start at: 1 + Alignment: Left + Aligned at: modifications in an approved subdivision of land or site plan. Minor modifications shall 0.25" + Indent at: 0.5" include, but are not limited to, substitutions of one approved structural type for another, minor variations in placement of buildings in such a way that the overall limits of approved floor area, open space, or rooms per acre are not increased, and minor shifts in property line locations. (b) Major Modifications. In the event that a developer wishes to make major modifications tom Formatted: List 2 an approved development, such modifications shall be submitted to the approving bodV of the subdivision or site plan, whether staff, Subdivision Committee, or the Planning Commission. After submission, the approving body shall approve or disapprove the requested modification. (F) Buil.i Permits 1)GVele3me.d8 that require review by a sb.ele dli.dsie.. er 8.et nrevese.------------------- Formatted: Iist0, Numbered + Level: 1 +Numbering nq Gity to nstr et less than equal to 10,000 square feet of new mn en s .� ,where .� area, lend is he Q„iirlinn Permit Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned net nrenesed will r ,ed by Per 166.02 at: 0.3" +Indent at: 0.55" (Code 1965, App. C., Art. II, §§A—D; Ord. No. 1750, 7-6-70; Ord. No. 2581, 12-4-79; Ord. No. 2789, 1-18-82; Code 1991, §§159.010; 159.11(C), 159.12, 159.13; 159.14; Ord. No. 3781, §1, 4- 19-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4350, §1, 11-20-01; Ord. No. 5296, 12-15- 09; Ord. No. 5653, 01-21-14; Ord. No. 5945, §16, 1-17-17; Ord. No. 6067, §1, 5-1-18) 166.02 - Development Review Process EARand the Plann g r.,mm'ss1613-: eV LAL_Application Submittal March 2021 Final Redlined Draft Page S6 of 134 ' Formatted: Indent: Left: 0", First line: 0" (1) Submittal. All development applications shall be submitted to the Planning Division and will be processed for review in accordance with Planning Division operating procedures. (B13) Public Meetings-. Development applications are required to be processed through the Technical Plat Review Committee, Subdivision Committee, and Planning Commission as follows: (1) Technical Plat Review Committee. The following development applications are required to be reviewed by the Technical Plat Review Committee: Lot split, small site improvement plans, large site improvement plans, large scale development, planned zoning district, preliminary plat, final plat, and concurrent plat. After the Technical Plat Review Committee meeting staff may administratively approve lot splits, final plats, small site improvement plans, and large site improvement plans after review for compliance with all applicable codes subject to UDC 166.02(C). (2) Subdivision Committee-. The following development applications are required to be reviewed by the Subdivision Committee: Large scale development, planned zoning district with development, preliminary plat, and concurrent plat. From these applications, the Subdivision Committee may approve only large scale developments. Large scale development applications that are subject to administrative approval shall not be required to be reviewed by the Subdivision Committee. (3) Planning Commission-. The following development applications are required to be reviewed by the Planning Commission. Preliminary plat, concurrent plat, and planned zoning district with development. The Planning Commission may approve, deny, table, or approve development applications with conditions. A planned zoning district cannot be approved by the Planning Commission, but may be forwarded to City Council. Large scale development applications that are subject to administrative approval shall not be required to be reviewed by the Planning Commission. (CS) Approval and Denial Criteria (1) Administrative Approval. The following applications shall be approved administratively by the Planning Division as long as the proposal meets all requirements of the Unified Development Code: Property line adjustment, lot split, final plat, small site improvement plan, and large site improvement plan. Approval by the Planning Commission for these applications is not required unless an appeal is filed in accordance with Ch. 156 of the UDC. (a) Reasons for Denial. The Planning Division may refuse administrative approval based on the following criteria: (i) Property Line Adjustment; Lot Split. The application does not comply with zoning and development requirements including, but not limited to: Lot width, lot area, setback requirements, buildable area, required parking, impervious surface, dedication of required right-of-way or easements, etc., or the requested action would make an existing non -conforming property or structure more non -conforming. (ii) Final Plat. The conditions of approval of the preliminary plat have not been met, the proposed plat does not meet the zoning and development requirements of the UDC, and/or the required improvements have not been completed or guaranteed in accordance with Fayetteville Unified Development Code Chapter 158. (iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a small or large site improvement plan for any of the following reasons: (a) The development plan is not submitted in accordance with the requirements of this chapter. (b) The proposed development would violate a city ordinance, a state statute, or a federal statute. (c) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. March 2021 Final Redlined Draft Page S7 of 134 (d) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factor such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (a) City water and sewer is not readily available to the property within the site improvement plat area and the developer has made no provision for extending such service to the development. (f) The developer refused to comply with ordinance requirements or condition of approval for on -site and off -site improvements. (2) Subdivision Committee and Planning Commission Approval-. The following applications shall be approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below: Large scale development, preliminary plat and concurrent plat. (a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a large scale development, preliminary plat or concurrent plat for any of the following reasons: (i) The plat or development plan is not submitted in accordance with the requirements of this chapter. (ii) The proposed development would violate a city ordinance, a state statute, or a federal statute. (iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage easements required by this chapter. (iv) The proposed development would create or compound a dangerous traffic condition. For the purpose of this section, a dangerous traffic condition shall be construed to mean a traffic condition in which the risk of accidents involving motor vehicles is significant due to factors such as, but not limited to, high traffic volume, topography, or the nature of the traffic pattern. (v) City water and sewer is not readily available to the property within the large scale development, preliminary plat, or concurrent plat and the developer has made no provision for extending such service to the development. (vi) The developer refused to comply with ordinance requirements or conditions of approval for on -site and off -site improvements. QD) Plat Recordation or Construction Plan Approval-. After obtaining approval by the appropriate governing body, the applicant shall follow the procedures set forth below in order to record the plat or obtain construction plan approval. (1) Property Line Adjustment, Lot Split, Building Permit, Final Plat, Concurrent Plat. The applicant shall submit copies of the approved plats containing all required signatures to the Planning Division for final approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to the Planning Division as required. (2) Preliminary Plat, Large Scale Development and Small or Large Site Improvement Plan. Receipt of the approval authorizes the applicant to proceed with: (a) The preparation of plans, reports and specifications in accordance with City Engineering requirements including but not limited to: (i) Street plans, profiles and specification accompanied by soil analyses and design calculations; (ii) Storm drainage plans, profiles and specifications accompanied by soil analyses and design calculations; and March 2021 Final Redlined Draft Page S8 of 134 (iii) Water and sewer plans, profiles and specifications, accompanied by design calculations, to be reviewed and approved by City Engineering. (iv) Final site plans, landscape plans, and other plans, reports and specifications required by the city to obtain approval. (b) Once all approvals that are required have been obtained, the applicant may proceed with site preparation and construction in accordance with the permitted plans. (E€) Building Permits (1) _" Before a building permit feF a IaFge site ifflpFe ernent plan OF large- S^^'^ deve'^^^ enter Formatted: Indent: Left: 0.3", First line: 0" is issued the developer shall: (a) Obtain appreval frem the appropriate governing body.F ....... Formatted: listl, Indent: Left: 03' (ab) Dedication of Right -of -Way. Dedicate right-of-way in compliance with the city's Master Street Plan, and in compliance with the requirements for on or off -site improvements. (be) Dedicate all easements necessary to serve the development as required by the utility providers and the city. This may be completed by easement plat or separate easement document(s), with approval of the Planning Division. Formatted: Indent: Left: 0.6", First line: 0" (cf) Comply with all applicable zoning and development codes. (d) In addition, for small site improvement plans, large site improvement plans and large scale developments, the developer shall: i) Obtain approval from the appropriate governing body ijii) On and Off -Site Improvements. Construct or guarantee required on- and off - site improvements in accordance with UDC Chapter 158, iii) te)==Complete applicable conditions of approval. Formatted: Indent: Left: 0.6" - Formatted: List Paragraph, Indent: Left: 1 ", First line: 0", Numbered + Level: 1 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 1" _j Formatted: Indent: Left: 0.5", First line: 0.5" (2) In addition to 166.02(E), before a building permit is issued for -site- Formatted: Indent: Left: 0.3", Hanging: 0.53", No of laps `h^^ ' acre'^ ^'4^ that creates between 1,201 lessand tha44-10,000 square feet of new bullets or numbering impervious area, where a corresponding subdivision of land is not proposed, Sflia c^^i^ Development is ed the developer shall: Formatted: listl fd" complete, and receive approval of, appropriate Grading and Drainage documentation demonstrating compliance with UDC Chapters 1609 and 170 as well as the current City Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if they are in place prior to the effective date of this ordinance. - March 2021 Final Redlined Draft Page S9 of 134 Required Mitigation Measures and Documentation by Development Threshold Development City-wide Grading and Drainage / Stormwater Water Quality, Flood, and Tree Mitigation Threshold Standard Documentation Measures Level 1 <or= 1,200 sf of IA Exempt from Grading and Drainage provisions Exempt except for those still associated with the Building Permit process such as HHOD. Level 2 1 2� 01- 6.000 sf of IA Completed Green Stormwater Practice 2 or more measures from Step 1 of Table 2 (GSP) Worksheet, demonstrating Runoff that Reduce Runoff via Better Site Design Reduction via Better Site Design. GSP Operation & Maintenance (0 & M) 1 or more Green Stormwater Practices (GSPs) measures from Step 2 of Ta ble 2 as Agreement to ensure the long-term functionality of these practices. required to treat 100%of the developed portion of the site. Level 3 6,001— 10,000 sf of IA Same as Level 2. Same as Level 2. needed GSP measures from Step 3 to further further reduce runoff Abbreviated Tree Preservation Plan Formatted: Table Normal WeV 'deFs and the eky. This „nay be cem„, ted by easement „lat er sel„agate PagempRt ,,e,.,,.. pnt(\ ,,,;,� „„,e„ , Formatted: Table Normal 1, Indent: Left: 0", First line: of the Plan inR ni.,�r�..,, (f) Submit aR d r ,el of aR Opemton 4_ IVIRORtPnonne /(1 4. AA\ Anree P_ment for the Sn roen Cterrn Wateti r Prneepq o „rd nstretofor the .do.,elonw�.o..4 (F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large ssalelarge-scale development, large site improvement plan, or small site improvement plan shall be issued, and no final plat or concurrent plat shall be signed for recordation until the following have been completed: (1) The requirements for on and off -site improvements have been completed, and maintenance bonds/guarantees deposited to city specifications. (2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing: (a) The location of all buildings and the setback distance for said buildings from street right-of- way and adjoining property lines; (b) The location of any freestanding signs and the setback distance of said signs from street right-of-way and adjoining property lines; (c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or Formatted: Space Before: Auto, After: Auto fences; aad (d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines ;- (e) The location and size of all stormwater features with associated drainage easements demarcated, where applicable; and (3) The development has been inspected and approved by all applicable city divisions. (4) All applicable conditions of approval have been completed. March 2021 Final Redlined Draft Page 60 of 134 Formatted: Font: (Default) Arial Formatted: Table Normal 1, Indent: Left: 0.6", Space Before: Auto, After: Auto Formatted: Font: (Default) Arial Formatted: Space Before: Auto, After: Auto (Code 1965, App. C., Art. II, §§F—H; Ord. No. 2581, 12-4-79; Code 1991, §§159.16-159.18; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6061 , §2, 4-17-18) 166.03 - Plat Requirements (A) Original Plan Drawings. Plans shall be drawn in a legible manner, at a scale which best suits the size of the property being developed or platted. All plans shall be drawn at a standard engineering scale, and submitted in paper and/or digital form, as listed on the application. (B) Plat Information. The following information shall be submitted to the Planning Division and/or Planning Commission for review and approval: (1) General. (2) Legal Description. Formatted: Normal (Web) Property Large - Preliminary Final Concurrent Lot Scale, Plat Plat Plat Line Split SIP, Formatted Table Adi. PZD March 2021 Final Redlined Draft Page 61 of 134 Written legal descriptions including area in square feet or acres that read clockwise (Note: If the project is contained X X X in more than one tract, the legal for each individual tract and a total tract description must be provided.) Boundary survey of the property shown on the plat. The surveyor shall seal, sign and date the survey. Each survey plat shall have 2 points described in State Plane X X X Coordinates, Arkansas, North, North American Datum, 1983 (NAD 83) Provide a benchmark, clearly defined with an accuracy of 1/100 feet. This benchmark must be tied to USC & GS Datum. Benchmarks X X X include but are not limited to the following: fire hydrant, manhole, etc. Point -of -beginning from a permanent well-defined reference point. This P.O.B. shall be clearly labeled on the X X X drawing. Curve data for any street which forms a project boundary. X X X (3) Floodplain/Floodways/Wetlands. Show 100-yr floodplain and/or floodway and based flood elevations. Reference the FIRM panel number and effective date. Note regarding wetlands, if applicable. Note if Army Corps of Engineers determination is in progress. (4) Topographic Information. Formatted: Left X X X F Formatted: Left X X X X Formatted: Left X Formatted: Left X X X X X .-X Formatted: Left Preliminary Final Concurrent Property Lot Large - Plat Plat Plat Line Split Scale Formatted Table Adj. SIP, PZD Formatted: Left X X X X X X X Formatted: Left X I X X Property Large - Preliminary Final Concurrent Lot C Plat Plat Plat Line Split Scalet Formatted Table Adj. SIP, PZD March 2021 Final Redlined Draft Page 62 of 134 Existing and proposed topographic information Formatted: Left with source of the information noted. Show: a. 2-foot contour intervals for ground slope X X between level and 10%. b. 5-foot contour interval for ground slope exceeding 10%. Spot elevations at grade breaks along existing Formatted: Left road centerlines, X X gutter lines and top of curbs or edge of pavement. Contours of adjacent land within 100 feet of the X X Formatted: Left project shall also be shown. (5) Tree Protection/Landscaping. Preliminary Plat Final Plat Concurrent Plat Property Line Adj. Lot Split Large - Scale, SIP,E PZD ble Delineate trees to be retained ft on -site and the measures to be X X X X implemented for their protection. Clearly depict the limits of soil ft disturbance to include all areas to be graded both on and X X X X off -site. Show proposed location of all X X X X ftutilities.Landscape proposals for parking lots and/or tree eft replacement requirements shall include proposed plant species and size. Existing and proposed utility lines shall be shown on the X X X X plan. State the method for irrigating the plant material on the plan. When an ordinance requires shrubs or other screening material, show the layout of planting beds. (6) Utilities - Existing. Large - Property Preliminary Final Concurrent Lot Scale, Plat Plat Plat Line Split SIP, Formatted Table Adj. PZD Show on the drawing all known X X X X X X Formatted: Left on -site and off -site existing utilities and easements March 2021 Final Redlined Draft Page 63 of 134 (dimensioned) and provide the structure's locations, types, and condition and note them as "existing" on the plat. Existing easements shall show the name of the easement holder, purpose of the easement, and the book and page number for the easement. If an easement is blanket or indeterminate in nature, a note to this effect shall be placed on the plat or plan. (7) Utilities - Proposed. X I X I X I X I X I X Formatted: Left Preliminary Final Concurrent Prne y Lot Scale, Plat Plat Plat Split Formatted Table Adj. SIP, PZD Show all storm sewer structures, sanitary sewer' Formatted: Left structures and drainage structures: X X X X a. Provide structure locations and types b. Provide pipe types and sizes Sanitary sewer systems: a. Provide pipe locations, sizes, and types X b. Manhole locations of rim and invert elevations. FNeoccurrence of any previous water, sewer, orwer Xproblems on -site or in the proximity of the If a septic system is to be utilized, provide a table of acreage and X percolation rates. Water systems, on or near the site: a. Provide pipe locations, types, and sizes b. Note the static pressure and flow of the nearest X hydrant if requested. c. Show location of proposed fire hydrants and meters. Underground or surface utility transmission lines: (Note: This category includes, but is not limited to telephone, electrical, natural gas, and TV cable) a. Locations of all related structures (pedestals, poles, X etc.) b. Locations of all lines (note whether the line is below or above ground) c. A note shall be placed where streets will be placed March 2021 Final Redlined Draft Page 64 of 134 Formatted: Left X I X I X I X I X Formatted: Left X I X ...........L.... Formatted: Left X X Formatted: Left X I X I X I X I X X I X X Formatted: Left underthe existing overhead facilities and the approximate change in grade for the proposed street. State the width, location, and Formatb purpose of all proposed easements or rights of way for utilities, X X X X X X X drainage, sewers, flood control, ingress/egress or other public purposes within and adjacent to the project. d: Left (8) Streets/Right-of-Ways/Easements. Property Large - Preliminary Final Concurrent Line Lot Scale, Plat Plat Plat Split SIP, Formatted Table Adj. PZD Street right-of-way lines clearly Formatted: Left labeled. The drawing shall depict any future R.O.W. needs as determined by the AHTD and X X X X X X X Master Street Plan. Future R.O.W. as well as existing R.O.W. and center lines should be shown and dimensioned. The location, widths, grades, and names of all existing and Formatted: Left proposed streets (avoid using first names of people for new streets), alleys, paths, and other rights -of -way, whether public or private, within and adjacent to the project; private X X X X X X X easements within and adjacent to the project; and the radius of each centerline curve. Private streets shall be clearly indicated and named. Names of streets should be approved by the 911 Coordinator. A layout of adjoining property (within 300 feet) in sufficient Formatted: Left detail to show the effect of proposed and existing streets (including those on the Master Street Plan), adjoining lots, and off -site easements. This X X X X X information can be obtained from the Master Street Plan, Aerial Photos, and the City Plat Pages located in the Planning Office if requested. The location of all existing and Formatted: Left proposed street lights (At every X X X X intersection, cul-de-sac & every 300 feet and associated easements to serve each light.) March 2021 Final Redlined Draft Page 65 of 134 (9) Subdivision of Land. Property Large - Preliminary Final Concurrent Line Lot kale, Plat Plat Plat Split SIP, Formatted Table Adj. PZD The lot layout, the dimensions of each lot, number of each Formatted: Left lot, total area in square footage or acreage to the nearest 1/100 th acre of each lot, and the approximate finish grade where pads are proposed for X X X X X X building sites. Lots shall be numbered consecutively for all phases. The total number of lots shall be indicated on the plat. rphased development, a plat showing all phases is X X ' X Formatted: Left uired. (10) Site Specific Information. March 2021 Final Redlined Draft Page 66 of 134 For non-residential development, Formatted: Left indicate the gross floor area, and if for multiple uses, the floor area X devoted to each type of use. The location and size of existing and proposed signs, if any. X X X X X F.X......... Formatted: Left The location and number of bike racks provided and X Formatted: Left required. Location, size, surfacing, Formatted: Left landscaping, and arrangement of parking and loading areas. Indicate pattern of traffic flow; include a table showing X required, provided, and handicapped accessible parking spaces. Location and width of curb cuts and driveways. Dimension Formatted: Left all driveways and curb cuts from side property line and FX surrounding intersections. Location of buffer strips, fences or screen walls, where Formatted: Left required (check Unified Development Code for X X X specific requirements). Indicate location and type of Formatted: Left garbage service. Dimension turnaround area at X X dumpster location. A description of commonly held X X t X........... Formatted: Left areas, if applicable. A written description of requested waivers or variances X X X X X t X Formatted: Left from any city requirement. Show required building setbacks. Provide a note on the plat F ..... Formatted: Left of the X X X X X X current setback requirements for the subdivision. Preliminary grading and drainage plans and reports as X X ' X Formatted: Left required in the City Engineer's Office. (11) Other requirements. Preliminary Final Concurrent Property Lot Large - Plat Plat Plat Line Split Scale, Formatted Table Adj. SIP, PZD Any other data or reports as deemed necessary Formatted: Left for project review by the Zoning and X X X X X X X Development Administrator, City Engineer or Planning Commission. March 2021 Final Redlined Draft Page 67 of 134 Signature block to certify approval of streets, Formatted: Left drainage and utility X X easements. tureblock to certify approval of water and F X X F Formatted: Left r system. Signature block to certify approval of building X X setback dimensions. Signature block certifying approval for X X X X recording. WFormatted: Signature block certifying approval of park land X X dedication or money in lieu.Signature block certifying approval of utility easements. Signature block certifying X X X F 1~` Formatted: Left ownership, title and dedication. Formatted Table Signature block X X X t Formatted: Left certifying survey and accuracy. (12) Easement Plat. Prior to the issuance of a building permit for a large scale development, site improvement plan or planned zoning district an easement plat shall be filed of record in the office of the Circuit Clerk dedicating all required easements and rights -of -way. Preliminary Final Concurrent Property Lot Large - Line Sc Formatted Table Plat Plat Plat Split Adj. SIP, PZD Formatted. Left X All plats should meet or exceed the most current State of Arkansas Standards of Practice for Property Boundary Surveys and Plats. **SIP = Large or Small Site Improvement Plan ***PZD = Planned Zoning District (C) Signatures Required. The final plat or concurrent plat may be signed by any officer of the Planning Commission. (D) Number of Plats. The Planning Division may require additional copies of plats if the amount required by this chapter is not sufficient for distribution to the various committee members. (Code 1965, App. C., Art. III, §A(1); Ord. No. 2695, 1-20-81; Ord. No. 3080, 4-2-85: Ord. No. 3201, 8-5-86: Ord. No. 3315, 11-17-87; Code 1991, §§159.05, 159.30k.; Ord. No. 3578, 11-19- March 2021 Final Redlined Draft Page 68 of 134 91; Ord. No. 3615, § 1, 6-2-92; Ord. No. 3738, § 1, 11-16-93; Ord. No. 3793, § 1, 5-17-94; Ord. No. 3797, §1, 5-17-94; Ord. No. 4068, §1, 11-4-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4199, 11-2-99; Ord. No. 4454, 01-07-03; Ord. No. 4545, 02-17-04; Ord. No. 4725, 7-19-05; Ord. No. 4864, 05-02-06; Ord. 5152, No. 7-15-08; Ord. No. 5215, 1-20-09; Ord. No. 5271, 9-1- 09; Ord. 5296, No. 12-15-09) 166.04 - Required Infrastructure Improvements - Development In City Limits (A) Generally. Required of developer. (1) On and Off -Site Improvements. On -site improvements are adjacent to or within a project site; such as widening the street along the project street frontage, constructing interior streets and utilities, etc. Off -site improvements are not adjacent to a project; such as the extension of an off - site sewer line to the property boundary, off -site storm drainage improvements, or an off -site intersection improvement, etc. (2) Standards Applicable. Any required on or off -site improvements in the city and within one (1) mile of the city limits shall be installed according to the city's standards; provided on or off -site improvements to roads located outside one mile of the city limits shall be installed to the county's standards. The developer shall be required to bear that portion of the cost of off -site improvements which bears a rational nexus to the needs created by the development. (3) Required Infrastructure Improvements. On and off -site improvements that are roughly proportional and bear a rational nexus to the impact of the development are required for all development within the City of Fayetteville. The developer shall be required to install on and off - site improvements where the need for such improvements is created in whole or in part by the proposed development. (4) Planning Commission and Planning Division. At the time the Planning Commission or Planning Division (where applicable for administrative approval) grants development approval, the Planning Commission or Planning Division shall determine whether the proposed development creates a need for off -site improvements and the portion of the cost of any needed off -site improvements which the developer shall be required to bear; provided, that portion of the cost of off -site improvements to roads located outside the city's corporate limits but within the city's planning area shall be determined by the county. In determining that portion of the cost of off -site improvements which the developer shall be required to bear, the Planning Commission or Planning Division (where applicable for administrative approval) shall consider the acreage within the proposed development as a percentage of all the acreage which, when fully developed, will benefit from the off -site improvements; provided, the Planning Commission or Planning Division may use a different method of measurement if it determines that use of the acreage standard will not result in the developer bearing that portion of the cost which bears a rational nexus to the needs created by the development. (5) Determining Necessity for Off -Site Improvements - (a) When a proposed development has access to paved streets or roads only by way of substandard or unimproved roads or streets leading from the development to the paved streets or roads, the developer shall be responsible for contributing this proportionate share of the cost of improving the substandard access roads or streets to existing city or county standards. The developer's proportionate share of said costs shall be determined by the Planning Commission or Planning Division (where applicable for administrative approval) in accordance with the provisions of 166.04(A) above. (b) When a proposed development has direct access to, or fronts on an existing road or street, which is below current standards, the developer shall be responsible for contributing his/her proportionate share of the cost of improving said street or road to existing city or county standards. The Planning Commission or Planning Division (where applicable for administrative approval) shall determine the developer's proportionate share of said costs in accordance with the provisions of 166.04(A) above. March 2021 Final Redlined Draft Page 69 of 134 (c) Off -site drainage improvements shall be required whenever a proposed development causes the need for such improvements. (6) Delayed Improvements. The Planning Commission or Planning Division may determine a required on -site or off -site improvement shall be delayed or payment -in -lieu contributed instead in accordance with Chapter 158 of the UDC. (7) Variances-. A variance of off -site improvements may be granted in accordance with Chapter 156 Variances. (8) State Highways. The developer shall be required to dedicate sufficient right-of-way to bring those state highways which the Master Street Plan shows to abut or intersect the proposed subdivision into conformance with the right-of-way requirements of the Master Street Plan. The developer shall be required to install a sidewalk adjacent to that portion of a state highway abutting the proposed development; and provided that the Planning Commission or Engineering Division (where applicable for administrative approval) may waive the sidewalk requirement prescribed by this subsection upon application by the developer and a determination by the Planning Commission or Engineering Division (where applicable for administrative approval) that the topography of the proposed development where it abuts a state highway is such that installation of a sidewalk is not practical. Any other improvements required of the developer by the Planning Commission or Engineering Division (where applicable for administrative approval) shall be coordinated with the Arkansas Highway and Transportation Department. (B) Minimum Improvements by Application Type. The property owner/developer shall be responsible for constructing the following minimum improvements. Formatted: Normal L!Lo* Property Line Adjustment or Exempted Properties of less than or equal to 1,200 square feet' Formatted: Numbered + Level: 1 + Numbering Style: of impervious area. No improvements are required unless the action would create or exacerbate 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: a nonconforming infrastructure situation such as cutting off a lot from public water, sewer, or street 0.3" + Indent at: 0.55" frontage. In such as case the property line adjustmentmaynot be filed of record until the required infrastructure is first constructed to city specifications, or a variance or waiver is granted by the Planning Commission. (2) Building Permit with no required grading review. a. Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replaceF Formatted monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. b. Water, Sewer, or Street Frontage. Any lot that is created shall have adequate street frontage or street access that meets the minimum requirements of the zoning code, and access to public water and sewer as required by city and state code. c. Grading and Storm Drainage System. The developer shall install Water Quality, Flood, and Tree Mitigation Measures after approval of the corresponding Grading and Drainage / Stormwater documentation found in Section 166.02(F) i. All drainage facilities shall be so designed to serve the entire drainage area per Formatted the specifications found in Chapter 170 and the current versions of the City's Drainage Criteria Manual. Formatted: Normal (23) Lot Split, Building Permit requiring -grading review. (a) Dedication of Right -of -Way. Sufficient right-of-way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property into conformance with the March 2021 Final Redlined Draft Page 70 of 134 right-of-way requirements of the Master Street Plan for said streets; provided, the Subdivision Committee or Planning Commission may recommend a lesser dedication in the event of undue hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council. (i) Dedications. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission/Subdivision Committee. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission/Subdivision Committee. (b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. (c) Water, Sewer, or Street Frontage. Any lot that is created shall have adequate street frontage or street access that meets the minimum requirements of the zoning code, and access to public water and sewer as required by city and state code. If a lot split would create or exacerbate a nonconforming situation (such as cutting off a lot from public water, sewer, street frontage, or street access), the lot split may not be filed of record until the required easement is dedicated and/or the infrastructure is first constructed to city specifications, or a variance or waiver is granted by the Planning Commission. (d) Parkland Dedication. Parks fees shall be assessed for each new residential unit that is constructed on the additional lot(s) in accordance with the parkland dedication requirements outlined in Fayetteville Unified Development Code Chapter 166. Said fees shall be paid prior to issuance of a building permit for construction on the new lot. (34) Preliminary/Final/Concurrent Plat; Large Scale Development, Large or Small Site Improvement Plan. (a) Dedication of Right -of -Way On -site. Sufficient right-of-way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property and new streets proposed interior to the property, into conformance with the right-of-way requirements of the Master Street Plan for said streets, shall be approved by the Planning Commission or Subdivision Committee; provided, the Planning Commission or Subdivision Committee may recommend a lesser dedication in the event of undue hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council. Council Acceptance of Streets and Alleys. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission/Subdivision Committee. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission/Subdivision Committee. (b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. (c) Streets. On -Site. Widening the street adjacent to the project frontage and construction of all interior streets to meet Master Street Plan standards. Street grading, base, and paving according to existing city standards and specifications as adopted by the City Council. March 2021 Final Redlined Draft Page 71 of 134 Off -Site. Street widening and/or new street construction off -site may be required to address traffic impacts based on the rough proportion and rational nexus of the impacts of the project. Street grading, base, and paving according to existing city standards and specifications as adopted by the City Council. (iii) Private Street Name Signs. Where a structure is addressed on a private street or drive, the developer or property owner(s) shall be required to install, maintain, repair and replace all private street name signs. Any private street name sign existing at the time of passage of this ordinance shall be maintained, repaired and replaced as required by this section. Signs shall meet the standards of the Manual on Uniform Traffic Control Devices (MUTCD) and shall be installed at all street/drive intersections. Unless approved otherwise, all signs shall be retroreflective and utilize a white legend on a green background. (d) Curbs and Gutters. (i) On -Site. Curbs and gutters adjacent to the project frontage according to existing city standards and specifications as adopted by the City Council. (ii) Off -Site. Curbs and gutters off -site may be required to address drainage and/or traffic impacts based on the rough proportion and rational nexus to impacts of the project. Curbs and gutters according to existing city standards and specifications as adopted by the City Council. (e) Traffic Signals. As determined to be needed based on the rough proportionality and rational nexus of the impacts of the development. (f) Sidewalks. (i) On -Site. Sidewalks shall be installed along the property street frontage and along new interior streets according to existing city standards and the Master Street Plan as adopted by the City Council. (ii) Off -Site. Sidewalks may be required to be installed off -site based on the rough proportionality and rational nexus of the impacts of the development. (g) Streetlights—. Standard 8,000 lumen streetlights (or equal alternative approved by the Planning Division) shall be installed at each intersection or cul-de-sac and along one side of each street or cul-de-sac at intervals of no more than 300 feet; provided, streetlights of higher intensity may be required at intersections with collector streets or arterial streets. Developers are encouraged to utilize high -efficiency (LED or similar) streetlights where possible). (h) Grading and Storm Drainage System. (i) The developer shall install storm drainage facilities, including drains, sewers, catch basins, and culverts necessary for the proper drainage of all surface water. (ii) All drainage facilities shall be so designed to serve the entire drainage area per the specifications found in Chapter 170 and the current versions of the Citv's Drainage Criteria Manual. (iii) All surface water drainage shall be transported to existing storm sewers, drainage facilities, or natural drainage ditches approved by the City Engineer. (iv) The City Engineer shall approve all drainage features. (v) Culverts and Bridges. Culverts and bridges shall be installed where needed in accordance with existing Arkansas State Highway Department standards and specifications. (i) Water Supply. (i) Accessible Public Water Supply. When an approved public water supply is reasonably accessible, the developer shall install a system of water mains and shall connect to March 2021 Final Redlined Draft Page 72 of 134 such supply so that each lot within the subdivision or development shall be provided with a connection to said public water supply. All connections shall be approved by the City Engineer. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street, if possible. (ii) Nonaccessible Public Water Supply. Where an approved public water supply is not reasonably accessible, any private water supply system proposed by the developer must be approved by the county sanitarian and the City Engineer in order to assure that the private water supply system will provide an adequate supply of potable water to every lot in the subdivision or development. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street, if possible. (iii) Fire Hydrants. Fire hydrants for single-family dwellings and duplexes shall be installed so that the distance between two consecutive fire hydrants does not exceed 800 feet, and no lot is more than 400 feet from a fire hydrant. Fire hydrants for apartment complexes, commercial structures, and industrial structures shall be installed so that the distance between two consecutive fire hydrants does not exceed 600 feet; provided, the Fire Chief shall have the authority to require additional fire hydrants upon a determination that such additional fire hydrants are necessary to provide adequate fire protection. The Fire Chief shall develop written criteria to be applied in determining whether additional fire hydrants shall be required. 0) Sanitary Sewer System. (i) Public Sanitary Sewer Accessible. Where a public sanitary sewer is reasonably accessible, the developer shall connect with such sewer, and each lot within the subdivision or development shall be provided with a connection thereto. All connections shall be subject to the approval of the City Engineer. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street if possible. (ii) Public Sanitary Sewer Not Accessible. Where a subdivision, lot split, or other development is proposed to utilize either individual septic systems or an onsite wastewater treatment system the following is required: (a) Lot Splits Resulting in Lots Less Than 1.5 acres . Prior to the City stamping the lot split document for approval, a letter from the Arkansas Department of Health is required verifying approval of soil tests and that the property could be developed with a septic system. (b) Prior to the city signing a final or concurrent plat a letter from the Arkansas Department of Health is required indicating approval of the overall plan for the utilization of either onsite wastewater systems or individual septic permits. (c) Existing septic systems, sewage disposal fields (leach fields), alternate disposal fields required by state law and water wells on -site or off -site within 100 feet shall be shown on all proposed subdivisions, lot splits, and development plans. (d) Community Sewage Systems. The construction of community sewage systems or decentralized sewer systems shall be prohibited within the City unless expressly permitted by resolution of the City Council. (e) Annexation of Community Sewage Systems. Where a community sewage system is annexed into the city, then the following shall apply: (1) Unconstructed Systems. The wastewater system shall be designed such that the entire collection system is a traditional -style gravity sewer system that carries all wastewater flow to centralized treatment facilities and shall meet city standards for design construction. The system must also be designed such that there is one single point of connection from which a future gravity connection can be made to the city sanitary sewer system when the latter March 2021 Final Redlined Draft Page 73 of 134 becomes available. This connection shall be made at the expense of the owner of the decentralized wastewater system. (2) Constructed Systems. Systems constructed prior to annexation into the city must tie to the city sanitary sewer system when a city sanitary sewer main is constructed within 300 feet of the community sewage system and such main is reasonably available to the community sewage system. This connection shall be made at the expense of the owner of the decentralized wastewater system. (k) Trail Linkages/Corridor/Easements. The developer may be required to construct a trail linkage or corridor or grant a multi -use trail easement for trails shown on the Master Transportation Plan that abut, intersect, or traverse the project site, if it is determined that the improvements bear a rational nexus and rough proportionality to the needs created by the development. (1) Parkland Dedication. (i) Applicability. The requirements of this subsection shall apply to residential lot splits, subdivisions, large scale developments, planned zoning districts, large scale site improvement plans, and small scale site improvement plans; provided that these requirements shall not apply to a lot split or subdivision that does not create one (1) or more vacant lots on which a residential structure could be erected pursuant to the Unified Development Code. (ii) Residential Development. (a) Dedication or Fee -in -Lieu. When a proposed residential development does not provide an area or areas for a public park based on the Fayetteville Parks and Recreation Plan, the developer shall be required to make a reasonable dedication of land for public park facilities, or to make a reasonable equivalent contribution in lieu of dedication of land, such contribution to be used for the acquisition and development of park land that serves the subdivision or development. (b) Parks and Recreation Advisory Board. Prior to the submittal of a preliminary plat, large scale development plan, or large site improvement plan the developer shall submit to the Parks and Recreation Advisory Board a concept plat or plan. (c) Planning Commission. The developer and the Parks and Recreation Advisory Board shall make a joint recommendation to the Planning Commission as to the land dedication or contribution in lieu of dedication. In the event that they are unable to agree, the developer and advisory board shall make separate recommendations to the Planning Commission who shall determine the issue. (d) Decision. If the developer proposes to dedicate land for a public park after consultation with the Parks and Recreation Advisory Board which the Planning Commission determines is suitable for park purposes, the proposed dedication shall be accepted. Upon consent and consultation with the developer and the Parks and Recreation Advisory Board, a developer may dedicate a portion of the required park land dedication and make a contribution of money in lieu of land dedication for the remaining park land dedication requirement. With consent of the Parks and Recreation Advisory Board, this monetary contribution may be used to develop the park land in the development or elsewhere within the quadrant consistent with the Fayetteville Parks and Recreation Plan. (e) Approval. The Planning Commission's decision must be incorporated into the developer's preliminary plat, large scale development, or large site improvement plan prior to plat or plan approval. March 2021 Final Redlined Draft Page 74 of 134 (f) Dedication Ratios. Land shall be dedicated at a ratio of 0.023 acres of land for each single-family dwelling unit and 0.020 acres of land for each multi -family dwelling unit. (g) Fee -in -Lieu formulas. A contribution in lieu of land dedication shall be made according to the following formula: $1,089.00 for each single-family unit. $952.00 for each multi -family unit based upon actual density. The Parks and Recreation Department shall review the contribution formula every two (2) years and make recommendations to the City Council following such review. (h) Dedication in Excess. If a developer wishes to dedicate park land which exceeds the requirement of this subsection, the developer shall make a written request to the Planning Commission who may grant the developer a credit equivalent to said excess. Said credit shall be applied toward the developer's obligation under this subsection for any subsequent development located in the same park quadrant. (iii) Timing of Dedication and/or Contribution. All dedications of land must be made before the city signs the final plat, or issuance of building permits for a large scale development or large site improvement plan. A final plat shall not be released for recordation until the deed for a land dedication is received. Deeded land is dedicated public park land and not subject to any right of reversion or refund. A cash contribution in lieu of required land development shall be payable before the city signing the final plat, or issuance of building permits for a large scale development or large site improvement plan. With the approval of the planning commission a developer may pay such contribution in three (3) equal installments to be paid in full within one (1) year of final plat approval. If a developer makes a cash contribution in lieu of land dedication, the developer shall be entitled to a pro rata refund, together with the accrued interest therefrom, in the event actual density is less than the density used as the basis for the developer's contribution; provided, no refund shall be made unless application therefore is made in writing to the Zoning and Development Administrator within one (1) year from the date of final plat approval. In the event actual density is more than the density used as the basis for a dedication of land or case contribution the developer must make an additional land dedication or contribution in lieu of dedication. (iv) Zoning Requirements. Lots created for the purpose of park land dedication shall not be required to meet the standards for lot size, bulk and area within any zoning district. Lots created for the purpose of park land dedication to serve the residents of the surrounding area shall not be subject to POA/HOA dues or other fees established for maintenance or other purposes within the neighborhood. (v) Fee -in -Lieu Allocation. All parkland fees received under this subsection shall be deposited in an interest bearing account. This money together with its earned interest shall be expended within five (5) calendar years of the last date of the calendar year in which it was received for the acquisition and/ or development of parkland that services the subdivision or development for which the contribution in lieu of dedication was made. If this money has not been expended within the allowed period, the unexpended money together with any of its remaining earned interest shall be refunded to the present owner of the property that was the subject of the new development and against which the parkland fee was assessed and collected. (C) Other Infrastructure Improvements. Other infrastructure improvements may be required where the need for such improvements is created in whole or in part by the proposed development as determined by the City Engineer. March 2021 Final Redlined Draft Page 75 of 134 (Code 1965, App. C., Art. III, §A(2), (3); Ord. No. 1979, 2-5-74; Ord. No. 2353, 7-5-77; Ord. No. 2755, 9-1-81; Code 1991, §§159.31, 159.32; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4263, 8-1-00; Ord. No. 4660, 12-21-04; Ord. No. 5152, 7-15-08; Ord. No. 5271, 9-1-09; Ord. No. 5296, 12-15-09; Ord. No. 5374, 12-21-10; Ord. No. 5523, 9-4-12; Ord. No. 5570, 03-05-13; Ord. No. 6116, §1, 11-20-18; Ord. No. 6166, §§1, 2, 4-2-19; Ord. No. 6195, §1, 6-4-19) 166.15 - Application For Building Permit (AZW Application. All applications for building permits shall be accompanied by plans in duplicate drawn- Formatted: Outline numbered + Level: 1 + Numbering to scale showing: Style: A, B, C, ... + Start at: 1 + Alignment: Left + LIL�The actual dimensions and shape of the lot to be built upon; Aligned at: 0" + Indent at: 0.25" (2Lc2-)---The exact sizes and locations on the lot of any existing structures or impervious Formatted: Outline numbered + Level: 2 + Numbering areasb ild ngs already existing, if any. Impervious areas will be considered as existing only if they Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned are in place prior to the effective date of this ordinance; at: 0.25" + Indent at: 0.5" (aL4�—The location and dimensions of the proposed structures and any new impervious area building or alteration; (4)_ Construction of between 1,201 and-10,000 square feet of impervious area on a single Formatted: Font: (Default) Arial, 10 pt lot meeting the -requirements of 166.02, including _building additions, shall Formatted: Font: (Default) Arial, 10 pt require additional reviews which may include, but is not limited to, grading and/or drainage review by engineering and tree preservation review urban forestry. (Reference §169.03, Formatted: Font: (Default) Arial, 10 pt 166.02) Formatted: Font: (Default) Arial, 10 pt (�(45)—The location and dimensions of the proposed Green Stormwater Practices (GSPs) and / or Mitigation Measures, as described in the current Drainage Criteria Manual. (6) 56The application shall include such other information as lawfully may be required by the Zoning and Development Administrator, including: LaLka)--Existing or proposed structures, building-eFalterations and impervious areas; Formatted: Outline numbered + Level: 5 + Numbering f�L{f3Y--Existing or proposed uses of the building and land; Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned Lcj_�e�The number of families, housekeeping units, or rental units the building is at: 1" +Indent at: 1.25" designed to accommodate; LdLkd —Conditions existing on the lot; and ice) ---Such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter. (B) Approval/Denial. One copy of the plans shall be returned to the applicant by the Zoning and Development Administrator after he/she shall have marked such copy either as approved or disapproved, and attested the same by his/her signature on such copy. The original of the plans, similarly marked, shall be delivered to, and retained by the Building Safety Division. (C) Expiration of Building Permit. (1) Begin Work-. If the work described in any building permit has not begun within one hundred eighty (180) days after the date of issuance thereof, said permit shall expire. It shall be canceled by the building inspector and written notice thereof shall be given to the persons affected. (2) Substantial Completion. If the work described in any building permit has not been substantially completed within two (2) years of the date of issuance thereon, said permit shall expire and be canceled by the Building Inspector and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained. March 2021 Final Reclined Draft Page 76 of 134 (3) Expiration of Building Permit After City Council Orders Raze and Removal of Dilapidated Structure. If the City Council has determined that a building is so unsafe, dilapidated, unsanitary, or such a nuisance that its raze and removal is necessary and orders such raze and removal pursuant to Section 173.09 of the Unified Development Code, any existing building permit shall automatically expire and be canceled by the Building Official within thirty (30) days of the City Council's Order of Raze and Removal unless the Building Official determines that such substantial work and progress has been accomplished that all of the safety and other problems of the building justifying its raze and removal have been or will soon be repaired, remediated or resolved so that a reasonable extension of the building permit is justified. The Building Official may also issue a new building permit for a structure's repair and rehabilitation within thirty (30) days of the Order of Raze and Removal, but such new building permit shall be authorized only for a thirty (30) day time limit to accomplish complete repair and renovation of the structure or at least sufficient work and progress so that the Building Official can determine that all of the safety and other problems of the building justifying its raze and removal will be promptly repaired, remediated or resolved so that a reasonable extension of the building permit is justified. The Building Official may then extend either the existing or new building permit for a period of time the Building Official deems sufficient to complete the repair, rehabilitation and remediation of the building. (Code 1965, App. A., Art. 9(2), (4); Ord. No. 1747, 6-29-70; Code 1991, §§160.191, 160.193; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 6127, §1, 12-18-18) 166.20 - Expiration Of Approved Plans And Permits (A) Applicability. The provisions of this section apply to all of the following plans and permits: (1) Preliminary plats; (2) Planned zoning district developments; (3) Conditional uses; (4) Large-scale developments; (5) Lot splits; (6) Physical alteration of land (grading)peen* / (7)-Sstorm water, drainage, and erosion control (drainage) permits; (67) Tree preservation plans; and (98) Floodplain development permits. (B) Time Limit. (1) Tasks to Be Completed. All of the above -enumerated plans and permits are conditioned upon the applicant accomplishing the following tasks within one (1) year from the date of approval: (a) For any renovation or new construction, receive all building permits for the project; and/or, (b) For a Planned Zoning District, comply with the approved phasing plan; and/or (c) For a lot split, record a deed or survey at the Washington County Circuit Clerk's Office, stamped for recordation by the City Planning Division; and/or, (d) Receive a business license; and/or, (e) Receive all permits and approvals required by city, county, state, and federal regulations to complete construction of the development or project. (2) Administrative Extension Within One (1) Year. Prior to the expiration of the one (1) year time limit, an applicant may request the Zoning and Development Administrator to extend the period to accomplish the tasks by up to one (1) additional year. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit. March 2021 Final Redlined Draft Page 77 of 134 Extensions that are not permitted administratively may be requested of the Planning Commission within ten (10) days of the final administrative decision. (3) Planning Commission Extension Within Eighteen (18) Months. Should an applicant miss the deadline to request an administrative extension, within eighteen (18) months of the date of approval the applicant may request the Planning Commission to extend the period up to one (1) additional year from the original date of approval, subject to the burden of showing good cause as described in this section. (4) Planning Commission Extension. Prior to the expiration of any allowed extension period (maximum of two (2) years from the date of original approval), an applicant may request the Planning Commission to extend the period to accomplish the tasks by up to one (1) additional year, if the plans and permits are substantially the same as those originally approved. The applicant has the burden to show good cause why the tasks could not reasonably be completed within the normal one (1) year limit and the permitted extension period. Extensions beyond three (3) years from the original date of approval shall not be permitted. (5) Ordinance Amendments. To receive approval of an extension, the applicant shall comply with all applicable zoning and development requirements that have been adopted subsequent to the original project approval. Projects that must be substantially modified to meet new code requirements are subject to Ch. 166.05(F) Modifications. (6) Variances. Variances from applicable zoning and development requirements that have been adopted subsequent to the original project approval shall be reviewed by the Planning Commission prior to approval of the extension. (7) Expiration. If the required task(s) are not completed within one (1) year from the date of approval or during an allowed extension period, all of the above -enumerated plans and permits shall be rendered null and void. (C) Three (3) Year Time Limit. (1) Tasks to Be Complete. All of the above -enumerated plans and permits are also conditioned upon the applicant completing the project and receiving final inspection approval and/or a final Certificate of Occupancy permit within three (3) years from the date of issuance of a building permit or receipt of all permits and approval required to complete construction of the project. (2) Extensions. Prior to the expiration of the three (3) year time limit, an applicant may request the Planning Commission to extend the three (3) year period to complete the project by up to two (2) additional years. The applicant has the burden to show good cause why the project could not reasonably be completed within the three (3) year time limit. (3) Expiration. If the applicant fails to meet the requirements of subsection (C)(1) within three (3) years from the date of issuance of a building permit/receipt of all permits and approval required or during an allowed extension period, all of the above -enumerated plans and permits shall be rendered null and void. (Ord. No. 5155, 7-15-08); Ord. No. 5425, 8-2-11) 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. The Downtown Design Overlay District Architecture Standards are applicable in the following instances: March 2021 Final Redlined Draft Page 78 of 134 (1) If a conflict occurs between different standards, these standards shall supersede the City's Nonresidential Design Standards; Office, and Mixed Use Design and Development Standards in the Downtown Design Overlay District and College Avenue Overlay District. (2) All new construction, additions or renovations shall comply with these standards regardless of whether the improvements require a permit; ordinary repairs and maintenance are not subject to these standards. Specifically, only the new construction or portions of the building that are being renovated shall comply with these standards. (3) Building designs that strictly comply with these standards are to be considered approved for matters of aesthetics and shall not require further discretionary review for architectural character or appearance. (4) Building designs that do not comply with these standards may be permitted by a variance after review and approval by the Planning Commission. (5) Building designs that are denied or approved by the Planning Commission may be appealed to the City Council. (C) Downtown Design Overlay District Manual. (1) The City of Fayetteville Downtown Overlay District Manual shall be used in support of this chapter to explain specific objectives and principles and to provide a resource for guidance in implementing these standards. (2) Copies of the Manual are to be made readily available to the public in the Planning Division. (D) Special Building Elements and Appurtenances. If a building has a marquee, awning, balcony, colonnade, arcade, turret, cupola, porch or stoop then it shall comply with the following regulations: (1) Marquees and Awnings. (a) Standard. These dimensional requirements apply to first or ground floor awnings and marquees. There are no minimum standards for awnings above the first floor. (i) Depth. To the back of the curb maximum. (ii) Height. 7 feet minimum clear. (b) Right -of -Way Encroachment . Marquees and awnings shall occur forward of the principal fagade and may encroach within the right-of-way, in accordance with the Building Code adopted by the City of Fayetteville. (c) Placement. Placement of awnings or marquees shall not interfere with street trees, street lights, street signs, utilities or other such civic infrastructure. (d) Prohibited Materials. High -gloss or plasticized fabrics are prohibited. (2) Balconies. (a) Standard. (i) Depth. To the back of the curb maximum. Balconies above the second floor shall have a maximum projection of 4 feet from the principal fagade. (ii) Height . 10 feet minimum clear to the underside of the horizontal floor. Supports or appendages may not extend below 7 feet clear. (iii) Length. 80% maximum of principal building fagade for the second floor. 40% maximum for all balconies above the second floor. (iv) Roofs . Balconies may have roofs, but are required to be open, non -air conditioned parts of the building. March 2021 Final Redlined Draft Page 79 of 134 (v) Underside. The underside of a balcony extending over a sidewalk shall be covered with a solid material and lighting may be required, depending upon the proximity to a street light. (b) Right -of -Way Encroachment. Balconies may encroach within the right-of-way, in accordance with the Building Code adopted by the City of Fayetteville. (c) Placement. Balconies shall not interfere with street trees, street lights, street signs, utilities, or other such civic infrastructure. (3) Colonnades and Arcades. (a) Standard. (i) Depth. 8 feet minimum from the principal fagade to the inside of the column face. Columns must be set back 18 inches from the outside of the column face to the back of the curb. (ii) Height. 10 feet minimum clear. (iii) Length . 75-100% of the principal fagade. (iv) Underside. The underside of a colonnade or arcade extending over a sidewalk shall be covered with a solid material and lighting may be required, depending upon the proximity to a street light. (b) Right -of -Way Encroachment. Colonnades shall only be constructed where the minimum depth can be obtained. Colonnades shall occur forward of the principal facade, and may encroach within the right-of-way, but shall not extend past 18 inches from the back of the curb, in accordance with the building code adopted by the City of Fayetteville. (c) Placement. Colonnades may replace street trees along their length. (4) Turrets and Cupolas. (a) Standard. Area. 20 feet x 20 feet maximum footprint (ii) Height. If the footprint is larger than 10 feet x 10 feet, then the cupola/turret may extend a maximum of 25 feet above the eave or top of the parapet of the highest story. If the footprint is less than 10 feet X 10 feet then the turret or cupola may extend to maximum of 50 feet above the eave or top of the parapet of the highest story. (5) Front Porches. (a) Standard. (i) Depth. 6 feet minimum from the principal facade to the inside of the column face. (ii) Length . 25 to 100% of the principal facade. Front porches may be multi -story and are required to be open or screened and non -air conditioned. (b) Right -of -Way Encroachment. Front porches may occur forward of the principal facade. Porches shall not extend into the right-of-way. Front porches and stoops shall not be built within 18 inches of the side property line on attached unit types. (6) Stoops. (a) Standard. Stoops may be covered or un-covered and stairs may run to the front or to the side. (i) Depth. 4 feet minimum from the principal facade to the inside of the column face for stoops with a covered landing. (ii) Height. 96 inches maximum. March 2021 Final Redlined Draft Page 80 of 134 Length . Maximum 12-foot width for each individual building entrance or group of connected entrances. The pedestrian connection from the stoop to the public sidewalk shall be allowed to 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) Right -of -Way Encroachment. Stoops may occur forward of the principal fagade and may extend into the right-of-way in accordance with the building code adopted by the City of Fayetteville. (c) Placement. Sidewalks shall have a minimum 5 feet clear access for pedestrian movements. Stoops shall not be built within 18 inches of the side property line on attached unit types. (7) Projected Bay. (a) Standard. Bays shall consist of habitable space. (i) Depth. 4 feet maximum from the principal facade. (ii) Second Story Height. Bays above the first or ground floor shall have a minimum of 10 feet clear to the underside of the horizontal floor. Supports or appendages shall not extend below 7 feet clear. (iii) Length . 20% maximum of the principal fagade length. (b) Second Story Right -of -Way Encroachment . Bays above the first or ground floor may encroach within the right-of-way, in accordance with the Building Code adopted by the City of Fayetteville. (c) Placement . Projected bays shall not interfere with street trees, street lights, street signs or other such civic infrastructure. (E) Exterior Architectural Elements. The lists of permitted materials and configurations have been selected for their durability, sustainability and responsiveness to climate. The primary goal of the Architectural Elements is authenticity; the elements encourage construction that is straightforward and functional and draws its ornament and variety from the assembly of genuine materials. Items not listed in the Architectural Elements may be approved upon review by the Planning Commission. (1) Rear Yards Only. The following shall only be located in the rear yard: (a) Trash dumpsters. (b) Trash and recycling carts and bins. (2) Exterior Prohibited Materials. The following shall be prohibited: (a) Undersized Shutters. Shutters shall be sized so as to equal the width required to cover the window opening. (b) Shutters made of plastic . (c) Glass with reflective coatings other than clear glass with Low-E coatings. (See opacity and fagade section). (d) Plastic or PVC roof tiles. (e) Aluminum siding. (f) Vinyl siding. (g) Wood fiber board. (h) Unfinished pressure -treated wood. (i) EIFS (Exterior Insulation Finish System) located on the first or ground floor. (3) Columns, Arches, Pedestals, Railings and Balustrades. March 2021 Final Redlined Draft Page 81 of 134 (a) Permitted Configurations . (i) Square columns shall have a minimum width of 6 inches with or without capitals and bases. (ii) Round columns shall have a minimum 6-inch outer diameter with or without capitals and bases. (iii) Pedestals shall have a minimum width of 8 inches. (b) Permitted Materials. (i) Columns and Pedestals . Brick, painted stained or natural wood, Terra Cotta, stained painted or un-painted concrete with a smooth finish, cast -in -place concrete with or without stucco, pre -cast concrete, fiber cement board, concrete masonry units with stucco, stone, structural steel, and cast iron. (ii) Arches and Lintels. Brick, painted stained or natural wood, Terra Cotta, stained painted or un-painted concrete with a smooth finish, cast -in -place concrete with or without stucco, pre -cast concrete, fiber cement board, concrete masonry units with stucco, stone, structural steel, and cast iron. (iii) Railings and Balusters . Brick, painted stained or natural wood, Terra Cotta, stained painted or un-painted concrete with a smooth finish, cast -in -place concrete with or without stucco, pre -cast concrete, concrete masonry units with stucco, stone, structural steel, cast iron, wrought iron, and glass. (4) Windows, Skylights, and Doors. (a) General Requirements. (i) Visible sills on the exterior of the building are required for all windows. (ii) Windows shall have trim on the sides and top when the exterior of the building is wood or lap sided. Window trim shall have a minimum dimension of 0.75 inches x 3.5 inches (a normal 1 x4). (iii) A minimum of 10% of the window area per floor shall be operable with the exception of the first or ground floor. (b) Permitted Configurations . (i) All window configurations are allowed. (c) Permitted Finish Materials Windows. Windows may be made of wood, aluminum, copper, steel, clad wood, thermally broken vinyl or aluminum. No false grids are permitted except for where mullions and muntins are permanently adhered to both the interior and exterior of a pane of thermally broken glass separated by a spacer aligned with the mullions or muntins in between panes of thermally broken glass. (Commonly referred to as simulated divided light windows). Doors. Doors may be made of wood, glass, fiberglass or metal. (Le. steel, aluminum, copper, bronze, etc.) (iii) Sills. Brick, painted stained or natural wood, Terra Cotta, stained painted or un-painted concrete with a smooth finish, cast -in -place concrete with or without stucco, pre -cast concrete, fiber cement board, concrete masonry units with stucco, stone, structural steel, and cast iron. (5) Roofs and Gutters. (a) General Requirements. (i) Roofs may be gabled, hipped, mansard, shed, gambrel, barrel-vaulted, or domed. March 2021 Final Redlined Draft Page 82 of 134 (ii) Applied mansard roofs are not permitted. (iii) Low sloped roofs (less than 1 in 12 pitch) shall have light colored finish materials. (b) Permitted Configurations . (i) Metal panel roofs shall expose the panel ends at the overhang. (ii) Gutters may be rectangular, square, half -round, or Ogee sections. (c) Permitted Finish Materials (i) Metal Roofs. Metal roofs may be made of galvanized steel, aluminum -zinc coated steel, copper, aluminum, zinc -alum, lead coated copper, terne, or powder coated steel. (ii) Shingles . Shingles shall be made of asphalt, metal, concrete, terrra-cotta, slate, or cedar shingles or shakes. (iii) Gutters and Downspouts. Gutters and downspouts shall be made of copper, aluminum, galvanized steel, aluminum -zinc coated steel, lead coated copper, terne, or powder coated steel. (6) Garden Walls, Fences and Hedges. (a) General Requirements. (i) Fences, garden walls, or hedges are permitted along side yards, rear yards, and all property lines which abut public streets or alleys. (ii) Fences in the front yard shall be not be 100% opaque and shall provide visible separation between the fence slats. Fences in a rear or side yard, at least 10 feet behind the principal fagade of the primary structure, may be at a maximum 100% opaque. (b) Height. (i) Front yard (in front of the primary structure) maximum height of 42 inches. (ii) Fences located in the rear and side yards (behind the principal fagade of the primary structure) shall have a minimum height of 36 inches and a maximum height of 8 feet. (c) Permitted Configurations. (i) Wood Fences. Vertical picket fences or horizontal slat fences with corner posts, and split rail fences; privacy fences are permitted in the rear and side yard only, behind the principal fagade of the primary structure. (ii) Metal Fence . Fence shall be comprised of primarily vertical pickets with a minimum 5/8 -inch diameter, and 4-inch maximum clear space between the pickets. (iii) Brick and Stone. (d) Permitted Finish Materials (i) Wood. (ii) Wrought iron, steel and cast iron. (iii) Brick and stone. (iv) Concrete masonry units with or without stucco so long as the primary structure corresponds. (v) Reinforced concrete with or without stucco as long as the primary structure corresponds. (7) Opacity and Facades. (a) General Requirements. March 2021 Final Redlined Draft Page 83 of 134 (i) Each floor of any principal building fagade above the first floor facing a park, square or street shall contain windows covering from 15% to 60% of the principal fagade area. (ii) The permitted percentage of glass may be increased to 80% for any two floors above the fourth floor provided that there is a minimum stepback of 15 feet from the principal fagade. (iii) A minimum of 10% of the window area per floor shall be operable with the exception of the first or ground floor. (iv) All glass shall have a Low-E coating. (v) Glass used above the first or ground floor shall have a visible transmittance rating of 0.4 or higher. (b) First or Ground Floor Requirements of Any Principal Fagade . (i) Glass on the first or ground floor shall have a visible transmittance rating of 0.6 or higher. (ii) Commercial space and storefronts shall have a minimum of 75% glass on the first or ground floor. (iii) Office, institutional, and other non-residential space shall have a minimum of 50% glass on the first or ground floor. (iv) Multi -family residential space shall have a minimum of 40% glass on the first or ground floor. (v) Single family and two (2) family residential space shall have a minimum of 5% glass on the first or ground floor. (vi) The measurement for glass percentage on the first or ground floor shall be calculated at the pedestrian level between 2-12 feet above the sidewalk. For a building fagade located outside of a build -to zone the measurement for glass percentage on the first or ground floor shall be at the pedestrian level between 2 and 12 feet above the finished floor elevation (FFE). (vii) Doors or entrances for pedestrian access shall be provided at intervals no greater than 50 ft. apart along the principal fagade. (Ord. No. 5056, 9-04-07; Ord. No. 5679, 4-15-14; Ord. No. 6017 , §1, 12-5-17) 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 March 2021 Final Redlined Draft Page 84 of 134 (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 streetscape. (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. (3) [Reserved.] (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. (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 (2) front-end load dumpsters that are easily accessible with a minimum enclosure dimension of 24 feet wide and 12 feet deep. March 2021 Final Redlined Draft Page 85 of 134 (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. (6) Fencing. The following types, height, and location of fences shall be prohibited: (a) Razor and/or Barbed Wire. Razor and/or barbed wire fences are prohibited, unless and except barbed wire fences are used for agricultural purposes. (b) Chain Link. Chain link fence is prohibited if closer to the street than the front of the building. (c) Height of Fences in Front of Buildings. Fences in the front yard area shall have a maximum height of 42 inches subject to visibility requirements in Chapter 164.09 and 164.17. (D) Architectural Design Standards. (1) Intent. The intent of these building design standards is: (a) To ensure that urban residential buildings add to the character and quality of the community, offer a sense of security, and make a positive contribution to the life of the street. (b) To maximize the quality, value and longevity of urban residential neighborhoods. (c) To make housing appealing and comfortable for its inhabitants. (2) Construction and Appearance Design Standards for Urban Residential Development. (a) Building Form and Design. (i) In order to provide a variety in form and design, one (1) building type may not be utilized more than three (3) times in a development. Each building type shall be differentiated by variations in materials, colors and roof forms. (ii) Ancillary structures such as carports, garages, recreational buildings and storage structures shall be designed as an integral part of the project architecture. (iii) The following architectural elements shall be required of all principal facades: (a) Variations in materials; (b) Insets or other relief in the wall plane; (c) Incorporation of two or more of the following: (1) Balconies; (2) Bays or bay windows; (3) Porches; (4) Dormers; (5) Porticoes; (6) Turrets; or (7) Other architectural feature approved by the Zoning Development Administrator that meets the intent of the code. (E) Planning Commission Approval. An applicant may request approval from the Planning Commission of a variance from the maximum requirements where unique circumstances exist and the effect will March 2021 Final Redlined Draft Page 86 of 134 not adversely impact adjoining or neighboring property owners. The applicant shall provide notification to adjacent property owners prior to the date of the meeting. (Ord. No. 5118, 3-18-08; Ord. No. 5262, 8-4-09; Ord. No. 5679, 4-15-14; Ord. No. 6170, § 1, 4- 2-19) CHAPTER 167: - TREE PRESERVATION AND PROTECTION 167.04 - Tree Preservation And Protection During Development (A) Applicability. The provisions of this section shall apply to proposed developments as defined by the Unified Development Code as follows: (1) Large Scale Developments. (2) Large Site Improvement Plan. (3) Small Site Improvement Plan. (4) Preliminary Plat. (5) Final Plat. (6) Concurrent Plat. (7) Planned Zoning Districts. (8) Parking Lots. Tree preservation requirements apply to all permit applications for the construction of parking lots with five (5) or more spaces. An abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for permits on projects that are required to go through the subdivision or large scale development process. (9) Hillside/Hilltop Overlay District. Undeveloped land located within the Hillside/Hilltop Overlay District shall submit a tree preservation plan with the preliminary plat or site plan. Single and two (2) family residential development shall submit an abbreviated tree preservation and site plan at the time of applying for a building permit. (10) Grading Permit. A tree preservation plan or an abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for grading permits on projects that are not required to go through the development process. (11) Building Permits. Tree preservation requirements apply to all permit applications for of thFee (3) OF FnGFe dwelling ,,..,.sdevelopments of greater than 6,000 square feet of impervious area. An abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for building permits on projects that are not required to go through the subdivision or large scale development process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved. (12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree preservation plan or review from Urban Forestry. p. versons seeKing io euRa-cons>ruci n,uuu square reei or less or impervious area ene-F+i — l Formatted: Not Highlight �'�� single family `welling Unit OF ^'�� �a1e specifically exempt from the provisions of this section except when the land is located within the Hillside/Hilltop Overlay District; then all Formatted: Not Highlight the provisions of this ordinance shall apply. b. Structural changes to buildings located in the Hillside/Hilltop Overlay District that do not result in an enlargement of the building footprint or roof dripline shall not require an abbreviated tree preservation plan. March 2021 Final Redlined Draft Page 87 of 134 (B) Tree Preservation Criteria. The Urban Forester shall consider the following factors, and any other relevant information, when evaluating tree preservation plans: (1) The desirability of preserving a tree or group of trees by reason of age, location, size, or species. (2) Whether the design incorporates the required tree preservation priorities. (3) The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. (4) The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and the property on which the tree or group of trees is located. (5) Whether alternative construction methods have been proposed to reduce the impact of development on existing trees. (6) Whether the size or shape of the lot reduces the flexibility of the design. (7) The general health and condition of the tree or group of trees, or the presence of any disease, injury, or hazard. (8) The placement of the tree or group of trees in relation to utilities, structures, and the use of the property. (9) The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or maintaining essential public utilities. (10) Whether proposed roads and proposed utilities are designed in relation to the existing topography, and routed, where possible, to avoid damage to existing canopy. (11) Construction requirements of on -site and off -site drainage. (12) The effects of proposed on -site mitigation or off -site alternatives. (13) The effect other chapters of the Unified Development Code, or City policies have on the development design. (14) The extent to which development of the site and the enforcement of this chapter are impacted by state and federal regulations. (15) The impact a substantial modification or rejection of the application would have on the applicant. *Note— The above items are not presented in any particular order of importance. The weight each is given will depend in large part on the individual characteristics of each project. (C) Canopy Area. In all proposed developments that are required to submit a tree preservation plan or abbreviated tree preservation plan, trees shall be preserved as outlined in Table 1 under Percent Minimum Canopy, unless the applicant has been approved for on -site mitigation or off -site alternatives as set forth in §167.04(I) and (J) below. The square foot percentage of canopy area required for preservation in new development is based on the total area of the property for which the applicant is seeking approval, less the right-of-way and park land dedications. An applicant shall not be required to plant trees in order to reach the percent minimum canopy requirement on land where less than the minimum exists prior to development. Table 1 Minimum Canopy Requirements PERCENT ZONING DESIGNATIONS MINIMUM CANOPY R-A, Residential - Agricultural (nonagricultural uses) 25% RSF-.5, Single-family Residential - One Half Unit per 25% Acre March 2021 Final Redlined Draft Page 88 of 134 RSF-1, Single-family Residential - One Unit per Acre 25% RSF-2, Single-family Residential - Two Units per Acre 20% RSF-4, Single-family Residential - Four Units per Acre 25% RSF-7, Single-family Residential - Seven Units per Acre 20% RSF-8, Single-family Residential - Eight Units per Acre 20% RSF-18, Single-family Residential - Eighteen Units per Acre R-O, Residential -Office 20% 20% RI-12, Residential Intermediate, Twelve (12) Units Per Acre 20% RI-U, Residential Intermediate - Urban 15% RMF-6, Multi -family Residential - Six Units per Acre 20% RMF-12, Multi -family Residential - Twelve Units per Acre 20% RMF-18, Multi -family Residential - Eighteen Units per Acre 20% RMF-24, Multi -family Residential -Twenty-Four Units per Acre 20% RMF-40, Multi -family Residential - Forty Units per Acre 20% NS-L, Neighborhood Services - Limited 20% NS-G, Neighborhood Services - General 20% C-1, Neighborhood Commercial 20% CS, Community Services 20% C-2, Thoroughfare Commercial 15% UT, Urban Thoroughfare 15% C-3, Central Business Commercial 15% DC, Downtown Core 10% MSC, Main Street Center 10% DG, Downtown General 10% NC, Neighborhood Conservation 20% 1-1, Heavy Commercial and Light Industrial 15% 1-2, General Industrial 15% P-1, Institutional 25% PZD, Planned Zoning District (HHOD) 25% (30%) March 2021 Final Redlined Draft Page 89 of 134 All residential zoning districts and C-1 districts within the Hillside/Hilltop Overlay District shall have their percent minimum canopy requirements increased by 5% to a total requirement of either 30% or 25%. (D) Prior tree removal. (1) If trees have been removed below the required percent minimum canopy within the five (5) years preceding application for a development, the site must be forested to meet the Percent Minimum Canopy requirements set forth in Table 1, plus an additional ten percent (10%) of the total area of the property for which the applicant is seeking approval, less the right-of-way and park land dedications. The number of trees required to be planted shall be calculated using the Base Density for High Priority trees. (2) Waiver. If an applicant is able to demonstrate to the Planning Commission's satisfaction that the trees were removed for a bona fide agricultural purpose, and not with the intent to thwart enforcement of this chapter, the additional 10% reforestation requirement shall be waived. (E) Tree Preservation Priorities. (1) Percent minimum canopy. Proposed designs must meet the percent minimum canopy requirements for the particular zoning designation, emphasizing the preservation and protection of high priority trees on the site. Trees in existing and not to be vacated utility easements shall not be counted toward the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to avoid existing canopy. (2) Existing Natural Features. Each design shall consider the existing natural features of the site, the preservation priorities for the trees, and the impact their proposed removal may have both on and off -site. (3) Preservation Priorities. The list of preservation priorities (See: Table 2) shall guide the review of each development's design. The submittal of designs which do not incorporate preservation priorities for the trees on the site shall result in the denial of the tree preservation plan. (4) High Priority Trees. The preservation and protection of high priority trees shall be enforced most stringently to meet the minimum percentage of canopy preservation. The preservation and protection of lower priority trees shall not be substituted for that of high priority trees, except: (a) When the justification for such a substitution is set forth in the analysis report; and (b) The substitution is approved by the Urban Forester. Table 2 Preservation Priorities High Priority Mid -level Priority Low Priority Canopied slopes Contiguous Invasive species woodlands Floodways and riparian Non-native buffers woodlands Relic orchards Native woodlands Use buffers Less desirable species Significant trees March 2021 Final Redlined Draft Page 90 of 134 *Note— Each of the above is listed alphabetically beneath its respective category. They are not presented in any particular order of importance within that category. (F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments (1) Residential Developments. The percent minimum canopy in residential developments shall be located in areas that have the least possibility of impact as public infrastructure and proposed utilities are installed and homes built. The intent is to leave undisturbed as many existing trees as possible for the use and enjoyment of prospective lot owners. Residential developments requesting tree removal below the percent minimum canopy requirement may choose either residential on -site mitigation, or to contribute to the Tree Escrow Account as set forth in §167.04(J)(4)(a). Trees in existing and not to be vacated utility easements shall not be counted toward the percent minimum canopy requirement, and such proposed utilities shall be routed to avoid existing canopy and shall count toward the percent minimum canopy requirement. (2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation plan for the development of nonresidential developments. The Urban Forester shall recommend to the Planning Commission the option that will potentially preserve the largest amount of priority canopy based upon the tree preservation criteria set forth in §167.04(B) above. (a) Preservation Plan for Entire Development. The developer may choose to preserve the percent minimum canopy required for the entire development. With this option, the preserved canopy shall be located in areas that will not be impacted by future development of the individual lots. Canopy to be preserved shall be noted on the final plat, and shall be protected as set forth in §167.04(L) below. Should the entire percent minimum canopy requirement for the site be so protected, the final plat shall include a statement that the individual lots, as represented thereon, shall not require separate tree preservation plans. (b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall delineate the area required for the construction of the infrastructure and improvements for the development. This area should include street rights -of -way, and utility and drainage easements. Proposed lot lines, streets, and easements shall be located to avoid placing a disproportionate percentage of existing canopy in any one (1) proposed lot. This option shall not allow the removal of trees during the grading of individual lots, unless shown by the developer to be essential to the project's engineering design. The developer will be required to compensate for the canopy removed from defined individual lots by making the appropriate payment into the Tree Escrow Account. On all other areas of the development, the developer shall protect the existing canopy during the construction phase in accordance with §167.05 below. The final plat shall include a statement that the individual lots shall require separate tree preservation plans. (3) Hillside/Hilltop Overlay District. Individual parcels or lots located within the Hillside/Hilltop Overlay District boundary shall submit a tree preservation plan or an abbreviated tree preservation plan as set forth in §167.04(H)(3) indicating the location of the structure and the preservation of the minimum tree canopy requirement. (4) Developers have the option of creating cluster development, such as a Planned Zoning District, which would encourage more open space and tree preservation. In this pattern of development, the trees preserved or open space on each lot can be transferred to a larger Tree Preservation Easement instead of individual lots required to meet minimum percent requirements. The Tree Preservation Easements shall be clearly depicted on easement plats or final plats. (G) Initial Review. (1) Meeting with the Urban Forester. It is strongly recommended that prospective applicants meet with the Urban Forester for an initial review of the proposed tree preservation plan for the site prior to submitting a proposed development to the City. During the initial review, the Urban Forester shall make recommendations to ensure the proposed subdivision or development complies with the requirements of this chapter. These recommendations shall be nonbinding. March 2021 Final Redlined Draft Page 91 of 134 However, applicants proceed at the risk of higher costs and longer approval times due to changes required by a noncompliant submittal should they choose not to have the initial review or to disregard the recommendations of the Urban Forester. (2) Confirmation. The Urban Forester shall document whether the applicant participated in the initial review meeting in the Tree Preservation and Protection staff report given to applicants going through the development review process. If the applicant chooses to attend an initial review meeting, the staff report shall also document any recommendations made. The Urban Forester shall ensure that a copy of the report or email becomes part of the permanent file for the project. (H) Submittal of Plans. Applicants should bear in mind that all plans will be evaluated according to the tree preservation criteria and percent minimum canopy requirements as set forth under § 167.04 (B) and (C). (1) Tree Preservation Plan. On sites with existing tree canopy, the applicant shall conduct a tree preservation analysis to determine the approximate age, health, size and species distribution of the trees, noting each on a tree preservation plan, and clearly showing the locations and types of all natural features on a site, including features 100 feet beyond the property lines. The tree preservation plan shall also specifically depict the applicable preservation priority level for each tree or group of trees on the site. The plan should include, but not be limited to, delineation of the following features as they exist on the site: (a) The existing topography of the site highlighting slopes of 15% or greater, and indicating the natural drainage patterns; (b) The property line boundaries of the site; (c) Soils identified according to the Unified Soil Classification System; (d) Any significant trees, as defined in the City of Fayetteville's Tree Preservation, Protection and Landscape Manual, existing on the site, and the location of trunks, spread of the canopy, species, diameter at breast height (DBH), and the overall health of each significant tree; (e) Groupings of trees, delineating the edges of the overall canopy, noting the predominate species, average height, diameter at breast height (DBH), and general health of the trees. (f) All existing utilities and utility easements; (g) All features, including trees, buildings, perennial and intermittent streams and creeks that exist on the site or within 100 feet of the limits of disturbance; (h) Floodplains and floodways on the site; (i) All existing rights -of -way within and surrounding the project site, including any designated trails or bike paths; and, Q) Any other factors that may impact the design of the site. (2) Additional Tree Preservation Plan Content. The applicant shall indicate all proposed site improvements, and delineate in the tree preservation plan the trees to be retained on -site, and the measures to be implemented for their protection. These measures shall include, but need not be limited to, fencing, limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly depict the limits of soil disturbance to include all areas to be graded both on and off -site, as well as the proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation, Protection and Landscape Manual for details, examples and specific checklists. Examples can be provided upon request to the Urban Forester. (3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for between 6,001 to 10,000 square feet of impervious area that require building permits, grading, or parking lot permits, but that do not fall under the requirements for developments required to go through the development review process of Technical Plat Review Committee, Subdivision Committee and Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The information for an abbreviated tree preservation plan may be combined with the site March 2021 Final Redlined Draft Page 92 of 134 plan, plat drawing, or grading plan. The applicant is expected to show the general location of all existing groups of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all areas to be graded, both on and off -site, as well as the proposed location of utilities. Protective measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before applying for any of the above -mentioned permits. The applicant should consult the City of Fayetteville Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated tree preservation plan. (4) Analysis Report. The applicant shall submit an analysis report when minimum percent canopy is not met. The report shall detail the design approaches used to minimize damage to or removal of existing canopy that were considered in arriving at the proposed design. Written justification shall be presented as to why individual trees or canopy must be removed. The report shall also detail proposed on -site mitigation options or off -site alternatives, as detailed below. (5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas, preserved trees, and the physical limits of all protective measures on site required during construction. (6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree preservation plans shall not be required to submit analysis report. (7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation Easements for the added protection of trees preserved to meet percent minimum canopy requirements or trees planted, in those instances where such would be of mutual benefit to the applicant and the City of Fayetteville. (1) Request for On -Site Mitigation. (1) Timing of Request for On -Site Mitigation. Requests to remove trees below the percent minimum canopy requirement must be incorporated with the applicant's tree preservation plan. (2) Plan Requirements. The tree preservation plan must graphically represent the species and location for all existing trees on -site. It shall also include a chart clearly stating the following information: (a) The number of trees requested for removal; (b) The percentage below the percent minimum canopy requirement they represent; and, (c) The species and number of trees to be planted based on the forestation requirements below. (3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (4) Forestation Requirements. The number and species of trees required for forestation shall be based upon the quality of the canopy lost: (a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy required, the canopy square footage removed shall be forested at a base density of two hundred (200), 2-inch caliper trees per acre removed. (b) Mid -Level Priority Canopy. When removing mid -level priority canopy required, the canopy square footage removed shall be forested at a base density of one hundred fifty (150), 2- inch caliper trees per acre removed. March 2021 Final Redlined Draft Page 93 of 134 (c) Low Priority Canopy. When removing low priority canopy below the percent minimum required, the canopy square footage removed shall be forested at a base density of one hundred (100), 2-inch caliper trees per acre removed. (5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be accomplished by forestation on a per acre basis. The base density formula used above is based on 2-inch caliper trees. However, the urban forester may approve the use of trees with less than 2-inch caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases, the number of trees to be planted may be adjusted in accordance with the species table to be found in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars, when available, or selected from the list of preferred tree species set forth in the City of Fayetteville Tree Preservation, Protection and Landscape Manual. Species selection shall be based upon the amount of space available for proper growth on the site, and must be approved by the Urban Forester. (7) Placement of Trees . The applicant is expected to plant trees in locations on the site where the environmental benefits of canopy cover are most likely to offset the impact of development. Trees shall not be placed within utility easements, or in other locations where their future protection cannot be assured. (8) Residential On -Site Mitigation. Applicants requesting on -site mitigation for residential developments shall comply with all the provisions of §167.04(1), as well as the following: (a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees based on the forestation requirements as set forth at §167.04(1)(4). (b) All plans requesting residential on -site mitigation shall include a binding three (3) year maintenance and monitoring plan, which shall hold the applicant responsible for the health of all planted trees. (i) Approval of a plan requesting residential on -site mitigation shall be contingent upon the applicant depositing with the city an irrevocable letter of credit in an amount equal to the estimated cost of materials and labor for all trees at the time of planting. The irrevocable letter of credit must cover the entire three (3) year maintenance and monitoring period. Applicant shall submit cost estimates to the Urban Forester for approval. (ii) Upon completion of the three (3) year landscape establishment period, the Urban Forester shall inspect the site and determine whether 90% of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the city shall release the letter of credit. (iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or dead trees, or take other appropriate action as approved by the Urban Forester. If the applicant does not take remedial steps to bring the property into compliance, the city shall use the necessary moneys from the landscape establishment guarantee to do so. (iv) In the event trees are injured or destroyed by natural disasters, including but not limited to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or through the independent actions of third parties, the applicant shall be relieved of the responsibility of replanting the tree or trees so affected. (c) Developers requesting mitigation trees be planted along the street right-of-way of residential developments shall submit a landscape plan that complies with the standards outlined in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new trees planted are of the highest quality, require low maintenance, and do not interfere with public safety. The species of trees to be planted shall be selected from the March 2021 Final Redlined Draft Page 94 of 134 approved street tree species list, or be otherwise specifically approved by the Urban Forester. The applicant's mitigation plan for planting street trees shall describe in detail the method for tracking the development of the individual lots, which shall best ensure that required number and species of mitigation trees are planted. (J) Request for Off -Site Alternatives. (1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated in, and submitted concurrently with the applicant's tree preservation plan. (2) Off -Site Preservation . The applicant may seek approval of the Urban Forester to preserve an equal or greater amount of canopy cover at a site within the city limits or, with the express approval of the City Council by its resolution, within'/4 mile of the Fayetteville city limits. (3) Off -Site Forestation. (a) If off -site preservation cannot be achieved, the applicant may seek approval from the Urban Forester to plant the required number of trees on another site owned by the applicant and located within the city limits or, with the express approval of the City Council by its resolution, within one -quarter mile of the Fayetteville city limits. A tree preservation easement must be conveyed concurrently with or prior to submission of a final plat by the applicant to the City to protect any off -site preservation or forestation and the legal description of the tree preservation easement shall also appear on the final plat. (b) An applicant may plant and maintain mitigation trees needed for the applicant's development as to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city park or public right-of-way if expressly approved by City Council resolution. The City Council shall seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about the advisability of forestation of the nearby city park and may apply express conditions including requiring irrigation to be installed and regular maintenance to be performed by the applicant. (4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site mitigation, off -site preservation and off -site forestation to be considered in descending order only if the more preferred option cannot be fully achieved. If none of these options can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base Density requirements which fairly represents the costs of material and labor to plant a tree. The developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to ensure each tree survives for that period of time. Tree planting and maintenance costs should be reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and maintenance for three (3) years. (a) Residential developments which cannot achieve the base density tree requirements through preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the money paid into the Tree Escrow Account to plant trees within the development along rights - of -ways, detention ponds, common areas or other areas where trees can be protected and have a high probability of survival to a mature tree. This shall be accomplished once the development is built out or as approved by the Urban Forester. (b) Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to issuance of a building permit on all commercial, industrial, or multi -family residential buildings and prior to final plat acceptance for all residential and non-residential subdivisions. (c) Money contributed under this section: (i) May be used for canopy mitigation, including planting site identification, tree acquisition, planting, and maintenance, utilizing either city staff or contract labor; (ii) Shall not revert to the general fund for ongoing operations. March 2021 Final Redlined Draft Page 95 of 134 (d) If it is not possible to plant trees within the development, planting locations will be sought in appropriate sites within a 1 mile radius of where the original project is located, but if this cannot be achieved, the moneys shall be used to plant the trees in the park quadrant in which the development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban forest analysis should be consulted when identifying appropriate locations to plant escrow funded trees. (e) The City of Fayetteville shall refund the portion of the money contributed under this section, including the accrued interest that has not been expended seven (7) years from the date of the contribution. Interest shall be based on a 4% annual rate. (f) Refunds shall be paid to the applicant who made the original contribution. (g) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the applicant no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the requirement of notice. (h) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90) days after the date certain upon which the refund becomes due. (i) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the applicant with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such written notice shall not invalidate any contribution to the Tree Escrow Account under this ordinance. (K) Tree Preservation Plan Review Form. The Urban Forester shall use a standardized form for all recommendations or administrative determinations made regarding an applicant's tree preservation plan. (1) The form shall clearly indicate whether the Urban Forester is making a final administrative determination, or a recommendation to the Planning Commission or City Council. (2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or "CONDITIONALLY APPROVED," and explain the reasoning therefore. (3) A statement shall appear on the form explaining the process by which a final administrative determination may be appealed in accordance with Chapter 155 of the Unified Development Code. (4) The Urban Forester shall sign and date the form, and ensure that a copy becomes part of the permanent file for the project. (L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation Easements. (1) In order to ensure that an applicant's heirs, successors, assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and extent of approved tree preservation easements which shall be clearly depicted on the easement plats for large scale developments and the final plats for nonresidential subdivisions. This shall be accompanied by a narrative statement describing the nature of the protection afforded, and bearing the signature of the Urban Forester. Lots in residential subdivisions are expressly exempt from these requirements. If it is impractical to include the actual depiction of the canopy in a tree preservation easement on the easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice. (2) The geographic extent and location of tree preservation easements, once recorded, may only be modified, or abolished with the express approval of the City Council. Applicants requesting such action shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is in the best interest of the City of Fayetteville. Such requests shall be s ubmitted to the March 2021 Final Redlined Draft Page 96 of 134 urban forester, who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Council meeting. (3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation easement shall seek prior approval from the Urban Forester, who shall determine if such removal is consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter. Any tree so removed shall be replaced with a tree of like or similar species, unless the Urban Forester determines that natural replacements of sufficient health and vigor are already present in the tree preservation easement. (Code 1991, §162.10; Ord. No. 2699, §10, 4-20-93; Ord. No. 3901, §1, 7-5-95; Ord. No. 3963, §6, 4-16-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01; Ord. No. 4539 02-03- 04; Ord. No. 4855, 4-18-06; Ord. No. 4930, 10-03-06; Ord. No. 5308, 3-16-10; Ord. No. 5312, 4-20-10; Ord. No. 5427, 8-2-11; Ord. No. 5513, 7-17-12; Ord. No. 5773, 5-19-15; Ord. No. 5818, 10-20-15; Ord. No. 5824, §3, 11-17-15; Ord. No. 5945, §17, 1-17-17; Ord. No. 5986 , §§4(Exh. A), 5-35, 7-6-17) CHAPTER 168: - FLOOD DAMAGE PREVENTION CODE 168.01 - Purpose (A) The purpose of this erdinaase Chapter is to promote the public health, safety and general welfare, to prevent adverse impacts from any floodplain development activities, and to minimize public and private losses due to flooding events in identified special flood hazard areas. This flood damage prevention codeerdiaaase advances the stated purpose through provisions designed to: (1) Protect human life and health; (2) Protect natural floodplains against unwise development; (3) Eliminate adverse impacts of necessary floodplain development; (4) Protect, restore and maintain the chemical, physical, and biological integrity of the water resources; (5) Reduce pollutants in surface waters by filtering, settling, and transforming pollutants in runoff; (6) Stabilize the banks of streams to reduce erosion and the downstream transport of sediment and nutrients; (7) Maintain tree canopy to shade streams, reduce water temperatures, promote desirable aquatic organisms resulting in ecological integrity with improved fishing, greater scenic value and recreational opportunity; (8) Minimize expenditure of public monies on flood control projects; (9) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (10) Minimize prolonged business interruptions due to flooding events; (11) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in Special Flood Hazard Areas; (12) Minimize future flood blight areas to help maintain a stable tax base; (13) Provide for notice to potential buyers when property is in a special flood hazard area; (14) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (B) This ordinance uses the following methods to accomplish the stated purpose: March 2021 Final Redlined Draft Page 97 of 134 (1) This ordinance restricts or prohibits structures or uses in special flood hazard areas that adversely impact health, safety or property during flooding events; (2) This ordinance requires protection against flood damage for structures or uses vulnerable to floods at the time of initial construction, or after substantial improvement of the structure, or after substantial damage has occurred; (3) This ordinance controls the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation and transport of flood waters; (4) This ordinance controls floodplain development (structural development, placement of manufactured structures, clearing, grading, mining, drilling, dredging, placement of fill, excavating, watercourse alteration, drainage improvements, roadway or bridge construction, individual water or sewer installations and other activities) which may increase flood damage by increasing flood elevations, flood water velocities, or flood discharge patterns; (5) This ordinance regulates the construction of flood barriers which unnaturally divert floodwaters or which may adversely impact other lands. (Ord. No. 4368, §4 (Ex. B), 02-05-02; Ord. No. 5141, 5-6-08; Ord. No. 5390, 3-1-11) 168.02 - Definitions Unless SpeGif'Gally defined below, words or phrases in this Code h;;vp thpir nAMMA to give the most FeaSE)Rable appliGAtOAR to this Code. See Section 151.01; aAdditional definitions for floodplain management ieFm can be found at Part §59.1 of 44 CFR. One hun"d (100) year flood is any floed with a 0 misleading, beGause Af its statistipal derivation. A. "Ane hundFed (100) yeaF - I , any times any given e hundred (100) year peried, or if m not n of all in nne hundred (100) years Five hundred (500) year flood is any flood with a 0 chance Of occurring in any given year. As with the one hundred (100) year flood, this term is -also misleading, because of its statistical deriv-ation A five of ell i.. five hundred (500 years. d, erne im vef rneans aRy negative. er h..rrnf,-I eff....r elevations. A.H. 46k zenw; are speGial flood hazard arpas sharaGteFized by shallow flooding with pending effGGtS (where floodwaters anrurnudate On depressions and longer until absorbed or evaporated). A04F* zonag are SpeGial flood hazard are;;-; AMmGterized by shallow flooding With sheet flow (where flee.d.....1ero fle..9 OR a hmad shalle%v ;heel rather 1h AR fh FE)Ugh aRaFFE)W ehaRRel\ ,4 Airk oze.Fieq nrt- speGial flood hazard areas %vithout detailed studies, where hast, floAd PlevatmoRs have Fief hpp...d..lerw.i.....J March 2021 Final Redlined Draft Page 98 of 134 March 2021 Final Redlined Draft Page 99 of 134 Formatted: b0 March 2021 Final Redlined Draft Page 101 of 134 Cha#ew FneaRs a .depth of less than 2 feet hefere the a rote 06 real flooding. The rnaps furtheF GategorizLz thpss Rrsas into var'nur flood risk zones A, AE, AH, and AQ. Start ofnonqtrurtion ind, Ops quinstantial and means the d te the building permit WaS ssued, provided the antual start of GORStFUGtion, repair, FeGen&UGtien, rehabilitation, addition plaGement, OF other ifflffeverne.nt i.vas I.Nithi.n. one hundFed eighty (180) days of the peffnit date. The aGtual start slab or feetings, the installation of piles, the GenStFUGtien Of GOlumns, or any werk beyond the stage of nclude land preparation, such as clearing, grading and filling; nor does it include the installation of streets substantial improvement, the aGtUal start of nonstruntiOn mp;;n,; the first alteration of any wall, Geiling, the building building, the building. Statp- r-o-o-rd-6n.-t-00 agenc), is the agency that acts as -a liaison hPhNPp.n. IFF-IN.40. and. a. community for the purposes of fleodplaiR maRagerneRt. The Arkaw;as Natural Reseurres Comm ssien is the State Coordinating Agency for Arka Ryas a� - ' I . - or shore."ne that is managed to maintain the integrity of the watepNay and to redUGe StrwGtwe, for the purposes of fleadplain management, refers to any building with two (2) or mere rigid walls and a fully sepured FO-Of OR A pepmarieRt Site Ew to aRy gas ar liquid stE)Fage taRk that is PFORGipally above ground. exeeeding the aVeFage el high water stage USA,; vuhneirab.W to floods aFe simply aRy land or struAt-wal -W;es that may be Regatively aff8Gted by a fteod. Fisk 7ene,; Are speGial gFE)UP of ins- wanee risk zen s. One (1) type, shown as nen shaded areas on FRAA. 4-ssupd flood rnaps, indiGate'; a. zone v;hwL, flooding is not eXpeGtpd to ncGur. The SeGand type, ghpy.m as shaded amgs of FRAA. flood maps, ind'Gattas a flood hazard area that is expeGtpd to bs affeGted by the five hURdred (500) year flood, but not by the eRe hundred (100) year base flned (QFd Ale 4368 RA (C.. B) 00 nC 02; QFd No. 514 1 C 6 08; QFd No. 5390 4 1 11 \ '- Formatted: b0 168.05 -Administration (A) Designation of the Floodplain Administrator. The Mayor, or his/her designee, is hereby appointed to act as the Floodplain Administrator. March 2021 Final Redlined Draft Page 102 of 134 (B) Duties and Responsibilities of the Floodplain Administrator. It is the duty and responsibility of the Floodplain Administrator or his/her designee to: (1) Obtain accreditation each year as required by A.C.A. §14-268-106 through the state coordinating agency, whinh is the Arkansas Natural Resnumes rnmmissinn (2) Administer and implement the provisions of this Code and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) as they pertain to floodplain management (3) Review applications for floodplain development permits to: (a) Evaluate proposed projects for reasonable safety from flooding; (b) , (c) Ensure that all other permits necessary (including Section 404 Wetlands Permits as required by the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) for proposed projects are obtained from the appropriate government agency prior to issuing a floodplain development permit; and (d) Ensure that proposed projects conform to the applicable provisions of this Code. (4) Approve or deny applications for floodplain development permits on the basis of: (a) The proposed development's compliance or non-compliance with the provisions of this Code; (b) The expected flood elevation, flood water velocity, flood duration, rate of rise and sediment transport of the floodwaters expected at the proposed development site; (c) The proposed development's potential to adversely impact life and property by changing flooding patterns, changing erosion rates, or being swept onto other lands by flood waters; (d) The proposed development's susceptibility to flood damage; (e) The PFE)pose.d development's natihility with existing and nlannpdcarn-munity development; nt; rr /f-_The proposed development's accessibility by ordinary and emergency vehicles during flooding events; events,(g) The anticipated costs of providing governmpntal qPrvirps to the proposed development during and a#er flooding maintenanGe and repair of , bridges, fanilities anal publie � �tilitie-s as seweF, gas, .., elentrinal and ate. systems; (hr) e-pTvPvS2d development's fnnt,iona„lly dependent vS2,The availability of alternative IGGations, net subjeGt tG flooding or erosion daFnage, f4gr the proposed development; and !'1 lot' f the d_a to the hen Ion for that The use ",ararea. (5) Interpret the exact location of the boundaries of special flood hazard areas whenever a mapped boundary appears to be different from actual field conditions. (The sole purpose of this interpretation is to determinate the applicability of the provisions of this Code to the proposed project.) (6) Notify adjacent communities and the state coordinating agency, Whinh is the ArlaRsaG Natural Resources Commission, a minimum of sixty (60) days prior to any alteration or relocation of a watercourse, and submit evidence of all such notifications to FEMA. (7) Ensure that the flood carrying capacity within an altered or relocated portion of a watercourse is not diminished, and that the alteration or relocation does not adversely impact any other lands. March 2021 Final Redlined Draft Page 103 of 134 (8) Obtain, review and reasonably utilize, whenever the current Flood Insurance Study or current Flood Insurance Rate Map does not provide base flood elevation data, any base flood elevation data and floodway data available from any federal, state or other source. The Floodplain Administrator may obtain such data by requiring the applicant to submit it in conjunction with a floodplain development permit application. (The sole use of this data is the administration of the provisions of this Code.) (9) Inspect floodplain developments as necessary to ensure construction is in accordance with the application data that formed the basis for the decision to issue the floodplain development permit. (10) Issue certificates of compliance where applicable. (11) Maintain all records and documents pertaining to this Code for public inspection. (Ord. No. 5141, 5-6-08) 168.06 - Establishment Of Floodplain Development Permit A floodplain development permit is required for any proposed change to improved or unimproved real estate r bridge tFUG+,. individual w;;Uar r spv., nstallati nsany t ,, her �.. e . in a special flood hazard area for the purposes of ensuring compliance with to ensure GenformanG^ with the provisions of this Code and Title 44 Emergency Management and Assistance of the Code of Federal Register. Under 44 CFR Ch. I, Subchapter B, Subpart A —General §59.1 Definitions, this includes any development, or man-made change, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.- 168.07 - Permit Procedures (A) Application for a floodplain development permit shall be presented to the Floodplain Administrator ea forms furnished by hirn4ief electronically and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. (B) The documentation required with each application for a floodplain development permit, and the specific provisions of this Code applicable to the proposed development, are dependent upon the type of development proposed and the risk zone of the proposed development site. §168.10(A) contains standards for all developments in all risk zones. §168.11 contains standards for specific development types in specific risk zones. (C) The decision of the Floodplain Administrator to approve or deny issuance of a floodplain development permit is subject to appeal to the designated Appeal Board. Within Fayetteville, Arkansas the designated Appeal Board is the City Council. (Ord. No. 5141, 5-6-08) 168.10 - Provisions For Flood Hazard Reduction Formatted: Space Before: Auto, After: Auto General Standards. The following standards apply to all developments in special flood hazard- Formatted: Indent: Hanging: 0.05" areas, regardless of the type of proposed development or the risk zone of the proposed site. (A) All new and substantial construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; March 2021 Final Redlined Draft Page 104 of 134 (B) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (C) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (D) All critical facilities constructed or substantially improved in special flood hazard areas (SFHA) must be constructed or modified to exceed five hundred (500) year flood protection standards or located outside the SFHA. (E) The placement or construction of all new structures must be in full compliance with the provisions of this Code. (F) For the purposes of this Code, all mixed -use structures are subject to the more stringent requirements of residential structures. (G) A substantial improvement or substantial damage to an existing structure triggers a requirement to bring the entire structure into full compliance with the provisions of this Code. The existing structure, as well as any reconstruction, rehabilitation, addition, or other improvement, must meet the standards of new construction in this Code. (H) Any improvement to an existing structure that is less than a substantial improvement requires the improvement, but not the existing structure, to be in full compliance with the provisions of this Code. (1) All manufactured homes to be placed within a special flood hazard area on a community's FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. Screw augers or expanding anchors will not satisfy the requirement of this provision. (J) The design or location of electrical, heating, ventilation, plumbing, and air conditioning equipment for new structures, or for any improvements to an existing structure, must prevent water from entering or accumulating within the components during base flood events by meeting the same freeboard or floodproofing requirements of the structure they serve. (K) The design of all new and replacement water supply systems must minimize or eliminate infiltration of floodwaters into the system during base flood events. (L) The design of all new and replacement sanitary sewage systems must minimize or eliminate infiltration of floodwaters into the system during flooding events and must prevent sewage discharge from the systems into floodwaters. (M) The placement of on -site waste disposal systems must avoid impairment to, or contamination from, the disposal system during base flood events. (N) Construction of basement foundations in any special flood hazard area is prohibited. (0) New construction and substantial improvements, with fully enclosed areas (such as garages and crawlspaces) below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are below the base flood elevation shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: 1. A minimum of two (2) openings on separate walls having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided. 2. The bottom of all openings shall be no higher than 1 foot above grade. March 2021 Final Redlined Draft Page 105 of 134 i Formatted: Centered l 100 sq. Feet Ft nax. 1DD sqInches tat., 3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (P) The placement of recreational vehicles (RV) in special flood hazard areas must either: 1. Be temporary, as demonstrated by the RV being fully licensed, being on wheels or a jacking system, attached to the site only by quick disconnect type utilities and security devices, having no permanently attached additions, and being immobile for no more than one hundred eighty (180) consecutive days; or else 2. Meet all provisions of this Code applicable to manufactured home structures. (Q) All proposals for the development of a residential subdivision, commercial business park or manufactured home park/subdivision must have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. (R) All proposals for the development of a residential subdivision, commercial business park or a manufactured home park/subdivision must include an adequate drainage plan to reduce exposure to flood hazards. (S) All proposals for the development of a commercial business park or a manufactured home park/subdivision must include an adequate evacuation plan for the escape of citizens from affected nonresidential structures during flooding events. (T) Standards for Subdivisions: Applications for preliminary, final, and/or concurrent plat approval shall: 1. Identify the special flood hazards areas, including delineation of floodways and the elevation of the base flood. 2. All final plats shall provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood, the final pad elevation shall be verified by a registered professional engineer, or surveyor, and provided to the Floodplain Administrator. 3. To the extent practicable, lot boundaries shall be made to coincide with natural and pre-existing man-made drainage ways within subdivisions to avoid the creation of lots that can be built upon in only by altering such drainage ways. (See illustration: Figure 3). Any lot platted so that a portion of the lot lies in a special flood hazard area shall contain a minimum of 6,000 square feet of buildable area, including setbacks, outside the special flood hazard area, or if it contains less than 6,000 square feet of buildable area, it shall be platted to contain a minimum March 2021 Final Redlined Draft Page 106 of 134 of one (1) acre. Any lot platted so that the entire lot lies in a special flood hazard area shall contain a minimum of 1 acre. (See illustration: Figure 4) 11 VJ44. For subdivisions partially located in special flood hazard areas, minimum lot area- Formatted: List 2, Indent: Left: 0.25" requirements may be waived by the director to allow the platting of lots to be clustered outside the special flood hazard area, the density permitted for the zoning district to be averaged over the entire parcel, provided a permanent conservation easement is granted to the city, a land trust, or the property owners association to ensure that the area of special flood hazard will remain undeveloped. (5. ce�ln any area that is located outside a special flood hazard area, but where a stream is located, no building or fill may be located within a distance of the stream bank equal to two and one-half (2'/z) the width of the stream measured from top of bank to top of bank, or 25 feet o n each side, whichever is greater. 11 Formatted: List 2, Indent: Left: 0.6", No bullets or all areas designated as a Zone A on the FIRM where a detailed study has not been numbering completed to specify the floodway and base flood elevations, no building eF#Meyelopment shall Formatted: List 2, Left, Indent: Left: 0.6", No bullets or be located within a disc anre of hye and one half (214) tirnes the width of the sire am rnea red Uorn numbering, Hyphenate the top of the bank +nthe topof bank, or 95 feet nn .� enh cirVe ,.,hinhe..er i e�+er the Zone A area, (} (i) Provided, the applicant may choose, if not required by other provisions of this chapter,-' Formatted: Font: to provide a detailed hydrologic and hydraulic study which delineates the floodway, one hundred Formatted: Hyphenate (100) year floodplain boundary, and base flood elevations. At such time as a study is approved i Formatted: Font: Not Highlight by FEMA. Afevided jg +ham �,h, and adopted by ^fie —the applicant shall meet all requirements for areas designated with floodway, one hundred (100) year floodplain, and base CllFormatted: Not Highlight flood elevations. Formatted: List 2, Left, Indent: Left: 0.25", Numbered (ii) If, for some reason, the property owner believes the FIRM to be inaccurate, a letter of map- + Level: 5 + Numbering Style: 1, 2, 3, ... + Start at: 1 + amendment may be submitted to FEMA by the applicant. If the boundaries of the floodplain are Alignment: Left + Aligned at: 1.5" + Indent at: 1.75", approved and amended by FEMA, setbacks will be enforced pursuant to the amendment, Hyphenate (U) Any new construction, addition or other development -may, be approved in a special flood hazard area Formatted: Font: Not Highlight only Formatted: Font: Not Highlight 1. The applicant has provided a detailed hydrologic and hydraulic study performed by a professionals' ,Formatted: Font: Not Highlight engineer licensed in the state of Arkansas which delineates the floodway, year1 % annual chance (100-year) floodplain boundary, and base flood elevations and Formatted: Font: Not Highlight Formatted: Font: Not Hiahliaht Formatted: Font: Not Highlight Formatted: Font: Not Highlight Formatted: Font: Not Hiahliaht March 2021 Final Redlined Draft Page 107 of 134 of more frequent occurrence, and flood storage capacity. orand substantial improvement, constructed on property fully or partially lesated-within the special flood hazard area (SFHA) shall meet the elevation or floodproofing requirements within 168.11 as applicable, (Ord. No. 5141, 5-6-08) 168.11 - Risk Zone Specific Standards In addition to the general standards, the following standards apply to specific development types in specific Risk Zones, except as revised in Section E of this Article. Risk Zones listed in this Code that do not appear on the current FIRM are not applicable. (A) In AE risk zones: special flood hazard areas with base floods determined: (1) For residential structures in Zone AE: (a) For all new residential structures, the top surface of the lowest floor and any mechanical equipment must have an elevation 2 feet or more above the published BFE. This elevation must be documented on an elevation certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas. (b) For all substantial improvements or substantial damage to existing residential structures, the entire structure becomes subject to the requirements of a new residential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing residential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new residential structure. (2) For nonresidential structures in Zone AE: (a) All new commercial, industrial or other nonresidential structures must either: Have the lowest floor (including basement) and any mechanical equipment elevated 2 feet or more above the base flood level; or Be floodproofed such that, together with attendant utility_ -and -sanitary facilities and mechanical equipment, be designed so that below an elevation of 3 feet above the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify on a floodproofing certificate that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (b) For all substantial improvements or substantial damage to existing commercial, industrial or other nonresidential structures the entire structure becomes subject to the requirements of a new nonresidential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing nonresidential structure that is less than a substantial improvement, only the improved area, March 2021 Final Redlined Draft Page 108 of 134 Formatted: Font: Not Highlight Formatted: Font: Not Highlight Formatted: Font: Not Highlight Formatted: Font: Not Highlight Formatted: List 2, Left, Indent: Left: 0.25", Numbered + Level: 5 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 1.5" + Indent at: 1.75", Hyphenate Formatted: Font: Not Highlight Formatted: Font: Not Highlight Formatted: Font: Not Highlight Formatted: listl, Indent: Left: 0", Numbered + Level:4 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 1.25" + Indent at: 1.5" Formatted: Font: Not Highlight Formatted: Font: Not Highlight but not the entire structure, becomes subject to the requirements of a new nonresidential structure. (3) For manufactured homes in Zone AE: (a) All manufactured homes that are placed or substantially improved on sites: (i) Outside of a manufactured home park or subdivision; (ii) In a new manufactured home park or subdivision; (iii) In an expansion to an existing manufactured home park or subdivision; or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated 2 feet or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (b) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision on the community's FIRM that are not subject to the provisions of §168.11(A)(3)(a) of this section be elevated so that either: (i) The lowest floor of the manufactured home and any mechanical equipment is 2 feet or more above the base flood elevation; or The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (iii) For all substantial improvements or substantial damage to existing manufactured home, the entire structure becomes subject to the requirements of a new manufactured home. (iv) For any reconstruction, rehabilitation, addition, or other improvement to an existing manufactured home that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new manufactured home. (c) Where FEMA has not established a regulatory floodway in Zone AE, no floodplain development permit may be issued unless a detailed engineering analysis is submitted along with the application that demonstrates the increase in base floodwater elevation due to the proposed development and all cumulative developments since the publication of the current FIRM will be less than 1 foot. (B) Floodways -High Risk Areas of Stream Channel and Adjacent Floodplain: (1) Developments in regulatory floodways are prohibited, unless: (a) A no -rise certificate, signed and stamped by a professional engineer licensed to practice in the State of Arkansas, is submitted to demonstrate through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed development would not result in any increase in flood levels within the community during the occurrence of a base flood event; or (b) All requirements of 44 CFR §65.12 are first met. (2) No manufactured home may be placed in a regulatory floodway, regardless of elevation height, anchoring methods, or no -rise certification. (C) In AH or AO Risk Zones -Special flood hazard areas of shallow flooding: (1) For residential structures in Zones AH or AO: March 2021 Final Redlined Draft Page 109 of 134 (a) All new residential structures must be constructed with the top surface of the lowest floor and any mechanical equipment elevated 2 feet or more above the published BFE, or 2 feet above the highest adjacent grade in addition to the depth number specified (at least 2 feet if no depth number is specified) on the community's FIRM. This elevation must be documented on an elevation certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas. (b) For all substantial improvements or substantial damage to existing residential structures the entire structure becomes subject to the requirements of a new residential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing residential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new residential structure. (2) For nonresidential structures in Zones AH or AO: (a) All new commercial, industrial or other nonresidential structure must either: Have the top surface of the lowest floor and any mechanical equipment elevated 2 feet or more above the published BFE, or 2 feet or more above the highest adjacent grade in addition to the depth number specified (at least 2 feet if no depth number is specified) on the community's FIRM, with documentation on an elevation certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas; or Be floodproofed such that the structure, together with attendant utility,y-aad-sanitary facilitiesand mechanical equipment be designed so that below 3 feet or more above the published BFE in Zone AH, or 3 feet or more above the base specified flood depth in an AO Zone, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (b) For all substantial improvements or substantial damage to existing commercial, industrial or other nonresidential structures the entire structure becomes subject to the requirements of a new nonresidential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing nonresidential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new nonresidential structure. (3) For manufactured homes in Zones AH or AO: (a) All manufactured homes that are placed or substantially improved on sites: (i) Outside of a manufactured home park or subdivision; (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivision; or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation along with any mechanical equipment such that the lowest floor of the manufactured home is elevated 2 feet or more above the published BFE, or 2 feet or more above the highest adjacent grade in addition to the depth number specified (at least 2 feet if no depth number is specified) on the community's FIRM, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (b) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision on the community's FIRM that are not subject to the provisions of §168.11 (C)(3)(a) of this section be elevated so that either: March 2021 Final Redlined Draft Page 110 of 134 (i) The lowest floor of the manufactured home meets the elevation standard of §168.11 (C)(3)(a)(iv); or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) For all substantial improvements or substantial damage to existing manufactured home, the entire structure becomes subject to the requirements of a new manufactured home. (d) For any reconstruction, rehabilitation, addition, or other improvement to an existing manufactured home that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new manufactured home. (4) Where FEMA has not established a regulatory floodway in Zones AH or AO, no floodplain development permit may be issued unless a detailed engineering analysis is submitted along with the application that demonstrates the increase in base floodwater elevation due to the proposed development and all cumulative developments since the publication of the current FIRM will be less than 1 foot. (5) Require adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. (D) In "A" risk zones - Special flood hazard areas with no base flood elevations determined: (1) In Zone A, The applicant or the applicant's agent must determine a base flood elevation prior to construction. The BFE will be based on a source or method approved by the local Floodplain Administrator. (2) For residential structures in Zone A: (a) For all new residential structures, the top surface of the lowest floor and any mechanical equipment must have an elevation 2 feet or more above the BFE. This elevation must be documented on an Elevation Certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas. (b) For all substantial improvements or substantial damage to existing residential structures, the entire structure becomes subject to the requirements of a new residential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing residential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new residential structure. (3) For nonresidential structures in Zone A: (a) All new commercial, industrial or other nonresidential structures must either: Have the lowest floor (including basement) and any mechanical equipment elevated {2 feet or more} above the base flood level; or (ii) Be floodproofed such that, together with attendant utility-aad-sanitary facilities and mechanical equipment.; be designed so that below an elevation of 3 feet above the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (iii) A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify on a floodproofing certificate that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. March 2021 Final Redlined Draft Page 111 of 134 (b) For all substantial improvements or substantial damage to existing commercial, industrial or other nonresidential structures the entire structure becomes subject to the requirements of a new nonresidential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing nonresidential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new nonresidential structure. (4) For manufactured homes in Zone A: (a) All manufactured homes that are placed or substantially improved on sites: (i) Outside of a manufactured home park or subdivision; (ii) In a new manufactured home park or subdivision; (iii) In an expansion to an existing manufactured home park or subdivision; or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home and any mechanical equipment is elevated 2 feet or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (b) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision on the community's FIRM that are not subject to the provisions of §168.11(D)(4)(a) of this section be elevated so that either: (i) The lowest floor of the manufactured home is 2 feet or more above the base flood elevation; or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) For all substantial improvements or substantial damage to existing manufactured home, the entire structure becomes subject to the requirements of a new manufactured home. Formatted: Centered (d) For any reconstruction, rehabilitation, addition, or other improvement to an existing manufactured home that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new manufactured home. (5) Base flood elevation data and a regulatory floodway, utilizing accepted engineering practices, shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than fifty (50) lots or 5 acres, whichever is lesser, if not otherwise provided. (Ord. No. 5141, 5-6-08) March 2021 Final Redlined Draft Page 112 of 134 168.12 - Streamside Protection Zones (A) Streamside Best Management Practices Manual. The City of Fayetteville's Streamside Best Management Practices Manual, which may be administratively changed by the City Engineer, shall be used in support of this chapter to explain specific objectives and principles. (B) Applicability. This ordinance shall apply to all land within the streamside protection zones_-exsept for as provided belo%v- (1) Undeveloped lots created by a lot split, concurrent, or final plat application, which Af-as s, ibrnittead or approved prior to the effentive clate Af this PrdinaFiGe, are exempt from the requiremeRts Af this e.Atie.. fer the following Lime periods: (a) Twenty fouFT24) months from +he effertiye data of this nr din.;n a fer In+s 14 2G�eless; (b) Fighteen (18) months &-em thL, LaffertivL- date nf this ordin;;nGe for lots greater than 1 but legs than I n (n)Twelve (12) months from. the effen-tiyp .date of this__erd'nanne f��� fn lots Iota Ian e_or_nreate.r(2) A preliminary plat whiGh was submitted or approved prier to the effentive date. of this ordinanrp shall be P)(eFnpt fFE)Fn the FeqUOFGFnents of this GeGtian, PFE)Vided the tome peFieds listed heFein shall be in fame from the daUz of final plat approval. (3) A use andier aGt'V'ty permitted by an unexpired building PeRnit, WhiGh wa6 approved prior to the efferAive date Af this ANJOnAnGe, is exempt fFem this Ardina.RAe. (C) Establishment of Designated Surface Waters. The streamside protection zones shall apply to all surface waters meeting any one of the following criteria: (1) All surface waters identified on the adopted Protected Streams Map (which may be administratively amended by the City Engineerto reflect applicable surface waters within annexed areas), including any pond, lake or reservoir located within the natural drainage way of said surface water; or (2) Any surface water where a floodway has been established by the Federal Emergency Management Agency (FEMA). (3) Surface waters that would have otherwise been protected, but were outside the City Limits when Ordinance No. 5390 was adopted on March 1. 2011, shall be automatically included as designated surface waters within the requirements of M8.12 Streamside Protection Zones upon the annexation into Fayetteville of the property on which the surface waters are located (D) Streamside Protection Requirements. The streamside protection zones shall be established as follows: (1) Zone 1: Waterside Zone. The waterside zone shall extend a minimum of 25 feet landward from the top of bank in each direction, measured horizontally on a line perpendicular to the top of bank and includes the surface water. (a) Steep Slope. Slope shall be calculated at the upstream and downstream property lines for every property. Properties with more than 100 feet of stream frontage shall require additional slope calculations at 100-foot increments, beginning at the upstream property line and ending at the downstream property line. When slope calculations are equal to or greater than 15%, the width of the waterside zone shall be extended by an additional 20 feet at that point. The boundary width determined at each designated slope measurement point shall be connected by a continuous line to form the boundary of the waterside zone (illustrations available in the Best Management Practices Manual ). (2) Zone 2: Management Zone. The management zone shall begin at the outer edge of the Waterside Zone and extend landward 25 feet as measured horizontally on a line perpendicular to Zone 1. The combined width of Zones 1 and 2 shall be no less than 50 feet from the top of bank on all sides of the surface water. March 2021 Final Redlined Draft Page 113 of 134 (a) Floodway. Where the floodway extends beyond the edge of the management zone boundary, said boundary shall be adjusted so that the zone consists of the extent of the floodway as designated by the most recently adopted FEMA Flood Insurance Rate Map (FIRM). (3) Piped Streams-. When reviewing any development, grading or building permit application, the City Engineer may determine that normal streamside protection regulations shall not be applicable to that portion of a stream that has been piped or enclosed within a culvert or similar conduit prior to the adoption of this ordinance. (4) Daylighting. Streams enclosed prior to the effective date of this ordinance and subsequently daylighted shall only require a 5-foot setback measured from the established top of bank. Daylighted streams shall be maintained in a natural state by the property owner, who shall also be responsible for monitoring and controlling trash, litter and pollutants. (E) Regulated Uses, Structures and Activities Within the Streamside Protection Zones. (1) The following are permitted within the designated streamside zone, subject to the requirements of this section, the Flood Damage Prevention Code, and all applicable requirements of the City of Fayetteville. Where a use is not listed, but is similar to a permitted use and is in keeping with the purpose of the streamside protection zones, the City Engineer may determine the use to be allowed. All other uses shall be prohibited. (a) Zone 1: Waterside Zone. The following may be permitted in the waterside zone, provided the standards of the Streamside Best Management Practices Manual shall be followed where applicable and that these uses and any necessary construction is designed and built to minimize the impact upon streamside areas and minimize any excavation or filling that will only be allowed by express authorization of the City Engineer. All construction, grading, excavation or filling must also fully comply with all necessary local, state and federal permits. (i) Open space uses that are primarily passive in character including: preserves, fishing areas and docks, parkland, and natural trails. (ii) Streambank restoration or stabilization. (iii) Water quality monitoring, education and scientific studies. (iv) Revegetation and reforestation. (v) Dam maintenance. (vi) Paved trails or other impervious surfaces not exceeding 12 feet in width when the City Engineer determines that there is no practical and feasible alternative. Such area may not be used to park vehicles. (vii) Stream crossings, including driveways, roadways, trails, or railroads when the City Engineer determines there is no practical and feasible alternative. (viii) Maintenance and upgrades of existing utility facilities. (ix) New utility facilities when the City Engineer determines there is no practical and feasible alternative. (x) Management of lawns and gardens. (xi) Removal of dead vegetation, pruning for reasons of public safety, removal of invasive species. (xii) Application of any fertilizer, herbicide, pesticide, or insecticide shall be allowed only if their harmful effect on water quality is prevented by ensuring no over -application or misapplication occurs. (xiii) Maintenance of drainage capacity in the channel including tree and sediment removal. March 2021 Final Redlined Draft Page 114 of 134 (xiv) New stormwater conveyances when the City Engineer determines that there is no practical and feasible alternative. (b) Zone 2: Management Zone. (i) New stormwater conveyances when the City Engineer determines that there is no practical and feasible alternative and provided the standards of the Streamside Best Management Practices Manual shall be followed. (ii) All uses within the waterside zone with the exception of stormwater conveyances, provided that compliance with the standards of the Streamside Best Management Practices Manual are not required but encouraged. (iii) Accessory structures without a foundation and no larger than 150 square feet, including storage sheds, playground equipment, gazebos, decks, etc. (iv) Active recreational uses. (2) Establishment of the following uses/activities after the effective date of this ordinance shall be prohibited in both streamside protection zones, except where necessary to allow an activity permitted by Section (E)(1). (a) Grading, dredging, dumping, filling, or similar construction activities. (b) Landfills, junkyards, salvage yards. (c) Clearing of non-invasive woody vegetation. (d) Storage of hazardous materials or chemicals unless within waterproof containers and within a structure. (e) Parking lots. (f) Buildings and accessory structures with a building footprint larger than 150 square feet. (g) Parking or storage of motor vehicles. (h) Septic systems and/or lateral lines. (i) In -ground pools. Q) Animal feedlots or kennels. (k) Housing, grazing or other maintenance of livestock. (1) Land application of biosolids. (F) Existing Land Use Exemptions. The following activities and structures are allowed to continue within the streamside protection zones, provided that the provisions of the Flood Damage Prevention Code and all other applicable regulations shall be enforced. (1) Existing Uses. Existing uses shall be permitted to continue in their present state, but may not be enlarged, extended, or moved within the streamside protection zones. A use or activity shall be existing if it is present and ongoing within the streamside protection zones as of the effective date of this ordinance or the effective date of annexation for areas outside the City Limits when Ordinance No. 5390 was adopted on March 1, 2011. Uses and activities cease to be existing under the following conditions: (a) Agricultural and Animal Husbandry Activities. The activities cease to be existing when the area on which they were conducted has been converted to a nonagricultural use or has lain idle for more than eighteen (18) consecutive months. (b) All Other Uses. This ordinance shall apply when an existing use is converted to another use. (2) Existing Principal Structures. March 2021 Final Redlined Draft Page 115 of 134 (a) Reconstruction Within Existing Footprint. Existing principal structures as of the effective date of this ordinance may be redeveloped or reconstructed within the same footprint. (b) Minor Alterations . Minor alterations or additions to an existing structure, such as an awning or deck, shall also be permitted, provided the modifications do not extend more than 10 feet further toward the surface water than the original foundation of the principal structure, and do not extend into the waterside zone. (c) Berm to Prevent Flooding. If a principal structure has suffered flooding from a stream, the owner may construct a berm to protect the principal structure if approved by the City Engineer as to the berm's location, size and composition. Revegetation of the disturbed area and berm shall be in accordance with the Best Management Practices Manual. (3) Emergencies. Actions taken under emergency conditions, either to prevent imminent harm or danger to persons, or to protect property from imminent danger of fire, violent storms, or other hazards. (G) Development Application Procedures. (1) All persons required to submit an application pursuant to Chapter 166 of the City's Unified Development Code shall also show the location and type of surface water, the top of bank, Zone 1: Waterside Zone and Zone 2: Management Zone boundaries, and slope, when any portion of the property being developed falls within the streamside protection zones. The same shall also be identified for building, moving, demolition and grading permits. (2) An applicant may request that the city's Floodplain Administrator perform a site visit to view conditions on site with the applicant to assist in making a determination of top of bank location and widths of the waterside zone and management zone. (3) A final determination of any boundary shall be made by the City Engineer or designated representative, where there is question as to its location or width. (H) Streamside Protection Measures and Construction. (1) Prior to any land clearing or soil disturbing activity, the streamside protection zone boundaries shall be clearly delineated on site by the applicant, and such delineation shall be maintained throughout construction activities. (2) A site inspection followed by periodic inspections during construction will be conducted by the City Engineer or designated representative to ensure compliance with the streamside protection zone ordinance. (3) Streamside protection zones shall be protected from construction activity except where necessary to allow an activity permitted by Section (E)(1). To prevent impacts, construction vehicle access is prohibited in the streamside protection zones except at permitted crossings. Storage of construction vehicles, materials, debris, spoils or equipment is prohibited in the streamside protection zones. Before commencing any construction activity, the applicant shall install silt fencing on the site at the outer edge of the management zone or as directed by the City Engineer. The City Engineer may require other protective measures based upon the individual characteristics of the site and the proposed construction methods. If the required barriers surrounding the streamside protection zones are not adequately maintained during construction, the City Engineer shall prescribe remedial measures, and may issue a stop work order in accordance with §153.07. All remedial measures shall be completed within the specified amount of time and shall be considered prior to granting final plat approval or issuing a certificate of occupancy. (Ord. No. 5390, 3-1-11) CHAPTER 169: - PHYSICAL ALTERATION OF LAND March 2021 Final Redlined Draft Page 116 of 134 169.03 _ Review and/or Permits Required/Exceptions (A) Grading Review Required. (Reference §166.02(E)) (1) When located within the Hillside/Hilltop Overlay District boundaries. Parcels of land divided by the Hillside/Hilltop Overlay District boundary shall only be subject to the requirements of this chapter on that portion of land lying within the boundary (2) Construction of greater than 1,200 square feet of impervious area on a single site; @A) _Grading Permit Required. Unless exempted by §169.03(C), all grading, clearing, filling, excavation, or land alteration of any kind shall require: (1Z(1-)- Prior development approval as specified in Chapter 166, except for general grading to an existing developed site that does not impact trees or floodplains and does not significantly alter the natural landform; (2) .Construction of new impervious area greater than 1 0000 SF (32) A grading permit pursuant to this chapter; and (43) An Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated Stormwater Pollution Prevention Plan, if required by state law. Formatted: listl, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55" Formatted: Font: Italic Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55" Formatted: Font: (Default) Arial, 10 pt F Formatted:listl beu+adaries: (1) Construction of -greater than 1,200 scivare feet of impervious gEgg up to two (2) single family sdennes or a duplex on a siRgle In+ shall require side Mial grading permit; (2) _Residential building additions of 000 29�1:square feet or More of ale lot shall r Fading n mit —' — Res'dpnflal building additions of less than 21,000 22�1:square feet, %AAL-m ';;nd altt;ratinn are anted do not requiregrading perrn't (4) PaFGels of land divided by the HillsideMilltop Overlay DistriGt boundary shall only be subjeGt tO the r onts of this nhantor on that nertien of land lying within the ho„ndan, LCL,G)--Exceptions to Permit Requirements. Grading permits are not required for the following however the Minimum Erosion Control Requirements in §169.04 still apply: (1) Excavation Below Finish Grade. Excavations below finished grade for basements, swimming pools, hot tubs, septic systems, retaining walls under 4 feet in height, and like structures authorized by a valid building permit. (2) Cemetery Graves. Cemetery graves. (3) Refuse Disposal. Refuse disposal sites controlled by other regulations. (4) _Single FamilyDuplex. Construction of 10,000 o where assordated land- Witpraflon anfivitleswe not beVE)Rd the sGave of ..,hat i , +n n nstr„nt said n+ and n .,ided th single let, eF duplex Unless IOP2tP_d I.Nithm.n. the HillsideiHilltep Overlay DiStFiGt per §169.03(6) nbevp 4.1'lls'd P(HA lt..n Overlay District n r f.1FO n1/Q1 ahn.,e , (W = Other minor fill, clearing or grading for maintenance purposes such as landscaping that do not require the use of heavy construction equipment, French Drains, yard grading, maintenance, farming, gardens, and similar activities. Example Antibes that ran„ire use of heavy nenntr„ration March 2021 Final Redlined Draft Page 117 of 134 (D) _—Grading Permit Application and Approval. No grading permit shall be issued until the ""Grading and Erosion & Sediment Control Planplan, endorsed by an architect, landscape architect, or engineer licensed in the state of Arkansas, is approved by the City Engineer. A separate permit shall be required for each site. Grading permits may be issued jointly for parcels of land that are contiguous, so long as erosion control measures are in place until project completion. = Any application for a required grading permit under this chapter shall be submitted concurrently with the application and calculations for a drainage permit if such a drainage permit is required by §170.03. Tree Preservation and Protection is required in accordance with Chapter 167. (E) Permit Posted-. A copy of the grading permit cover page shall be posted at or near the street right- of-way line and shall be clearly visible from the street. (Code 1991, § 161.03; Ord. No. 3551, 6-5-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. No. 4313, 5-15-01; Ord. No. 4855, 4-18-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14; Ord. No. 5945, §18, 1-17-17; Ord. No. 6061 , §4, 4-17-18) 169.04 - Minimum Erosion Control Requirements If exempt under §169.03, a grading permit is not required. However, exempt as well as non-exempt activities shall be subject to the following minimum erosion and sedimentation control measures. (A) The City Council hereby adopts by reference the Drainage Criteria Manual, prepared for the City of Fayetteville, and adopted by Ordinance No. 5702 of the City of Fayetteville and as may be amended from time to time by the City Engineer. All minimum erosion and sediment control standards contained therein shall have the same force and effect as if printed word for word in this chapter. Development projects also must comply with their Arkansas Department of Environmental Quality general construction permit. All projects shall follow Chapter 8, Construction Site Stormwater Management, of the Drainage Criteria Manual as well to achieve site compliance. (B) Stabilization . A record of the dates when grading activities occur, when construction activities temporarily or permanently cease on a portion of the site, and when stabilization measures are initiated shall be included in the erosion and sediment control plan. Except as provided in (1) and (2) below, stabilization measures shall be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than fourteen (14) days after the construction activity in that portion of the site has temporarily or permanently ceased. (1) Where the initiation of stabilization measures by the fourteenth day after construction activity temporarily or permanently ceases is precluded by snow cover, stabilization measures shall be initiated as soon as practicable. (2) Where construction activity will resume on a portion of the site within twenty-one (21) days from when activities ceased, (e.g. the total time period that construction activity is temporarily ceased is less than twenty-one (21) days) then stabilization measures do not have to be initiated on that portion of the site by the fourteenth day after construction activity temporarily ceased. (3) Stabilization practices may include: temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, and preservation of mature vegetation and other appropriate measures. See Chapter 167 of the UDC for tree protection requirements. March 2021 Final Redlined Draft Page 118 of 134 (C) Intermittent/Perennial Streams-. Grading activities will meet the Streamside Protection Requirements found in Section 168.12 - Streamside Protection Zones. Fording of streams with construction equipment or other activities which destabilize stream banks shall not be permitted. In instances where streams are not protected under 168.12, nNo intermittent or perennial stream, including a 25-foot perimeter strip measured from the top of the bank, shall be graded, developed, channeled, or physically altered unless adequate guarantees are made for erosion and sedimentation control both during construction and post construction. Likewise, cuts or fills shall be setback sufficiently from intermittent and perennial streams and other stormwater drainage systems to guarantee that there will be no damage from erosion or sedimentation. Final erosion and sedimentation control measures shall be approved by the City Engineer. (D) Excavation Material-. Excavation material shall not be deposited in or so near streams and other stormwater drainage systems where it may be washed downstream by high water or runoff. All excavation material shall be stabilized immediately with erosion control measures. _(E) Fording Streams ording of streams with constrUGtion equipment or other artavtops whorh //CC`` rtesteh�l��e stream has nkshall not hepermitted. C'T debris,sn shall nnt bL, allowed any debris, mud, or seil frarn development sites reaphps the publiG StFeet it shall he immediately removed via sweepiRg or other metheds of phys 0 ARI rerne� - 4 Debris, mud, or soil in the street may not be washed off the strPet or waqhPd into the s -torm drainage system. Storm drainage systems d0_1.A.ms_trPam of a development site should be protected from d semi On the event, art that dt-br.s emir ashes the drainage system. (Code 1991, §161.04; Ord. No. 3551, 6-5-91; Ord. No. 3947, §1, 2-6-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. 4855, 4-18-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14; Ord. No. 6061 , §5, 4-17-18) 169.05 - Stormwater Discharges From Construction Activities required by its National Pollutant Discharge Elimination System (NPDES) permit. (B) General Requirements for Construction Sites. (1) Construction Site. A construction site is a site with activity that would result in the creation of a new stormwater management system, including the building, assembling, expansion, modification, or alteration of the existing contours of the property; the erection of buildings or other structures, any part thereof; or land clearing. (2) Owner Responsibility. The owner of a site of construction activity shall be responsible for compliance with the requirements of this chapter. (3) Erosion and Sediment Control. Best Management Practices (BMPs) shall be implemented to prevent the release of airborne dust and waterborne sediment from construction sites. Disturbed areas shall be minimized, disturbed soil shall be managed and construction site entrances/exits shall be managed to prevent sediment tracking. Streets and storm inlets must be kept clean at all times and free of loose rock, mud, debris and trash. Specific inlet protection measures may be necessary, as long as they do not interfere with vehicular traffic. Mud on streets must be physically removed and not washed into inlets. (4)Debris, Mud. and Soil in Public Streets. All necessary modifications to stormwater best management practices should be immediately implemented in order to prevent further track -out. Debris, mud and soil shall not be allowed on public streets but if any debris, mud, or soil from development sites reaches the public street it shall be immediately removed via sweeping or other methods of physical removal. March 2021 Final Redlined Draft Page 119 of 134 Formatted: IistO, Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" (a)Debris, mud, or soil in the street may not be washed off the street or washed into theme Formatted: Indent: Left: 1", First line: 0" storm drainage system. Storm drainage systems downstream of a development site should be protected from debris, mud, or soil in the event that debris, mud, or soil reaches the drainage system. (ba)Use of a power broom or mechanical sweeper on a regular basis is not allowed as an Formatted: Font: (Default) Arial acceptable BMP for keeping Debris, Mud and Soil off Public Streets )unless equipped with water and vacuum capabilities, these sweepeFs AGR `oMeS Make ^ar'M^'^'S amr-h^•^^ are then washed thp storm network thp next raffin Pvpnt In addoto Formatted: Table Normal1, Indent: Left: 1" (54) Construction Sites Requiring Storm Water Pollution Prevention Plans. Erosion and sediment control systems must be installed and maintained per a state approved Storm Water Pollution Prevention Plan (SWPPP) before the beginning of construction and until slope stabilization and/or vegetation is established. For sites between 1 and 5 acres, the SWPPP and Notice of Coverage (NOC) must be onsite at all times. For sites over 5 acres, the SWPPP and NOC must be onsite at all times. The site owner bears responsibility in accordance with the Arkansas Department of Environmental Quality standards and general permit. (65) Construction Exits. A stabilized rock exit is required on construction sites. If track out becomes an issue, the City may also require tire wash down areas or other measures to prevent track out. (76) Concrete Truck Wash Areas. No washing of concrete trucks or chutes is allowed except in Properly located and constructed concrete wash pits. Proper runoff and erosion controls must be in place to retain all concrete wash water. (87) Dewatering. All rainwater pumped out of sumps and depressions on construction sites should be clear and free of sediment. BMPs such as dewatering baps and dewaterinq into vegetated areas shall be utilized at all times. (98) Storage of Materials. Public streets and sidewalks shall not be used for temporary storage of any containers or construction materials, especially loose gravel and topsoil. In addition to on - street storage being a violation of this chapter, all liability for any accidents and/or damages due to such storage will be the responsibility of the owner of the stored materials. (109) Dirt and Topsoil Storage. All storage piles of soil, dirt or other building materials (e.g. sand) shall be located more than 25 feet from a roadway, drainage channel or stream (from top of bank), wetland, and stormwater facility. Topsoil piles surfaces must be immediately stabilized with appropriate stabilization measures. (110) Franchise and Private Utilities. The property owner or main contractor onsite will be responsible for restoring all erosion and sediment control systems and public infrastructure damaged or disturbed by underground private or franchise utility construction such as water and sewer service leads, telephone, gas, cable, etc. Erosion and sediment control systems must be immediately restored after each utility construction. (11) The landscape of erosion control features shall be maintained until completion of construction. (Code 1991, §163.09; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4920, 9-05-06; Ord. No. 5336, 8-3-10; Ord. No. 5431, 8-16-11; Ord. No. 5702, Repealed & Replaced Chp. 170, 8-5-14) March 2021 Final Redlined Draft Page 120 of 134 169.05-06 - One -Time Approvals (A) Utilities. Public and private utility organizations may obtain a one-time approval from the City Engineer for all routine underground electric, water, sewer, natural gas, telephone, or cable facilities. The approval will include a utility organization and its contractors, agents, or assigns and will be permanent in nature as long as the original approved procedures are followed. (B) Stockpiling Materials. One-time approval may be obtained by public or private entities for the stockpiling of fill material, rock, sand, gravel, aggregate, or clay at particular locations, subject to Zoning, Chapters 160 through 165. (Code 1991, §161.05; Ord. No. 3551, 6-4-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14) 169.06-07 - Land Alteration Requirements (A) Applicability. This section shall apply to all land alteration activities, including those that do not require a grading permit. (B) Requirements Varied. Variances of this chapter's requirements may be approved by the City Engineer. The extent to which variations may be made will depend on the soil types encountered, planned slopes, planned vegetation, and investigative engineering reports. In no case shall the City Engineer waive or modify any of the minimum erosion control requirements as given in §169.04. (C) Cut or Fill Slopes. (1) Finish Grade. Cut or fill slopes shall have a finish grade no steeper than 33% (3.00 horizontal to 1 vertical), unless otherwise approved by the City Engineer. Land located within the Hillside/Hilltop Overlay District may have cut or fill slopes with a finish grade no steeper than 50% (2.00 horizontal to 1 vertical) unless otherwise approved by the City Engineer. (2) Maximum Length. The maximum length of any cut or fill slope without a terrace (as described in §169.06(D) and (E) below) shall be 100 feet as measured along the ground. The terrace shall be at least 6 feet wide. (3) Existing Topography. Cut or fill slopes shall be constructed to eliminate sharp angles of intersection with the existing terrain and shall be rounded and contoured to blend with the existing topography. (4) Setback Requirements. The following setback requirements shall be reviewed by the City Engineer for purposes of assessing safety, stability, and drainage problems: (See illustrations). (a) Setback from Top or Toe of Cut or Fill. Buildings shall be setback from the top or toe of a cut or fill in accordance with Zoning, Chapters 160 through 165; Building Regulations, Chapter 173; or the approved grading plan, whichever is greatest. (b) Setbacks from Property Lines. The required setback of retaining walls, cut slopes, and fill slopes from property lines shall be as given in the illustrations. Property lines may be filled over or cut if a grading plan for the cut or fill is submitted jointly by the owner of both properties or with written permission from the adjacent property owner and if no utility easements are involved. If utility easements are involved, approval is required as given in (c) below in addition to the joint submittal requirement. (c) Setbacks from the Edge of an Easement. The required setback of retaining wall, cut slopes, and fill slopes from the edge of easements shall be as given in the illustrations. Where no utilities are present in an easement, or where utilities are planned to be relocated, and where such action is approved by all utilities, in writing, then easements may fall within a cut or fill section. (d) Setbacks from Structures. The required setback of retaining walls, cut slopes, and fill slopes from structures shall be as given in the illustrations. If a structure forms an integral part of the retaining wall, then the setbacks do not apply to that structure. March 2021 Final Redlined Draft Page 121 of 134 (e) Calculating Setbacks. For the purpose of calculating setbacks, any cut or fill section which is on a slope of one (1) to one (1) or greater shall be considered a retaining wall. (f) Administrative Variance. Setbacks from easement lines and structures may be varied administratively by the City Engineer if geotechnical and/or structural information is provided that in the opinion of the City Engineer justifies the variance. (g) Additional Information Required. The City Engineer may require further geotechnical and/or structural information to show that setbacks greater than those given are not needed to protect property, utilities, or the integrity of property lines. (D) Cuts. (1) Vertical Height. Cuts shall be limited to 10 feet in vertical height unless information demonstrating slope stability, erosion control, and drainage control is provided together with a re -vegetation plan. For nonsolid rock cuts, terraces shall be required for cuts greater than 10 feet in height. It is recommended that terracing be at a maximum ratio of 1 foot of horizontal terrace for every foot of vertical surface. (2) Maximum Vertical Cut. In solid rock, as determined by geotechnical and engineering data approved by the City Engineer, the maximum vertical cut shall be 30 feet. (3) Fill Material. In no case shall a cut be allowed primarily for the purpose of obtaining fill material to a different site, unless the exporting site is located within an extraction district. (E) Fills (1) Rocks/Fill. All imported fill shall be free of rocks greater than twelve (12) inches in diameter and any detrimental organic material or refuse debris. (2) Compaction. Fill shall be placed and compacted as to minimize sliding or erosion of soil. Fill compaction shall equal the compaction of undisturbed, adjacent soil, except fills covered by Building Regulations, Chapter 173, or other structural fills. The City Engineer may require soil tests during compaction work or upon its completion at the expense of the permittee. (3) Grade. Fill shall not be placed on existing slope with a grade steeper than 15% (6.67 horizontal to 1 vertical) unless keyed into steps in the existing grade and thoroughly stabilized by mechanical compaction. (4) Vertical Height. Fills shall be limited to 10 feet in vertical height unless information demonstrating slope stability, erosion control, and drainage control is provided together with a re -vegetation plan. (5) Terraces. Terraces shall be required for fills greater than 10 feet in height. It is recommended that terracing be at a maximum ratio of one foot of horizontal terrace for every foot of vertical surface. (F) Erosion and Sedimentation Control. (1) Permanent Improvements. Permanent improvements such as streets, storm sewers, curb and gutters, and other features for control of runoff shall be scheduled coincidental to removing vegetative cover from the area so that large areas are not left exposed beyond the capacity of temporary control measures. (2) Phased Construction . The area of disturbance onsite at any one time shall be limited to 20-10 acres. An additional 20-10 acres (a maximum of 40-20 acres of disturbance at any one time) may be stripped with the permission of the City Engineer in order to balance cut and fill onsite. No additional area may be open without the permission of the City Engineer until the previously disturbed areas have been temporarily or permanently stabilized. (3) Stockpiling of Top Soil. Top soil may be stockpiled and protected for later use on areas requiring landscaping. All storage piles of soil, dirt or other building materials (e.g., sand) shall be located more than 25 feet from a roadway, drainage channel or stream (from top of bank), wetland, and stormwater facility. The City Engineer may also require top soil stockpiles to be located up to 50 feet from a drainage channel or stream, as measured from the top of the bank to the stockpile, March 2021 Final Redlined Draft Page 122 of 134 for designated protected streams; established TMDL water bodies; streams listed on the State 303(d) list; an Extraordinary Resource Water, Ecologically Sensitive Waterbody, and/or Natural and Scenic Waterbody, as defined by Arkansas Pollution Control and Ecology Commission Regulation No. 2; and/or any other uses at the discretion of the City Engineer. Topsoil piles surfaces must be immediately stabilized with appropriate stabilization measures. Stabilization practices may include: temporary seeding (i.e. annual rye or other suitable grass), mulching, and other appropriate measures. Sediment control measures such as buffer strips, wattles, or silt fence shall be provided immediately for stockpiles and remain in place until other stabilization is in place. Storm drain inlets must be protected from potential sedimentation from storage piles by silt fence or other appropriate barriers. Properly stabilized topsoil stockpiles may be used for sedimentation control. (4) Plant/Water. Plant materials shall be watered or irrigated and tended. Where irrigation or regular watering is not available, only native or acclimated plant species shall be used. If the soil cannot properly sustain vegetation, it must be appropriately amended. If re -vegetation is not firmly established and healthy after one (1) year, the urban forester shall require that it be redone in part or total. (5) Permanent Erosion Control. The developer shall incorporate permanent erosion control features at the earliest practical time. Temporary erosion control measures will be used to correct conditions that develop during construction that were unforeseen during the design stage, that are needed prior to installation of permanent erosion control features, or that are needed temporarily to control erosion that develops during normal construction projects, but are not associated with permanent control features on the project. (G) Percentage of Land Disturbance. Land disturbance percentage within the Hilltop/Hillside Overlay District shall be equal to with the percent minimum canopy required on site per Chapter 167, Tree Preservation and Protection. (H) Required Retaining Wall and Rock Cut Design. (1) Design/Inspection. Any retaining wall more than 4 feet in height shall be designed by an Arkansas registered professional engineer, and shall be field inspected by the design engineer. The design engineer shall provide proof of inspection and certify that the wall was constructed in conformance with the design. The City Engineer may require retaining walls less than 4 feet in height to be designed by a professional engineer. (2) Investigation/Report. All proposed rock cuts and any cut or fill 10 feet or greater will require a geotechnical investigation and a formal report submitted by a registered professional engineer qualified to make such investigations. (3) Safety Railings. Safety railings may be required on any retaining wall 2.5 feet or higher. The decision as to whether to require safety railing shall be based on potential pedestrian and public access to the retaining wall and applicable building codes. This requirement for safety rails shall also apply to vertical or near vertical rock cuts and to steep (greater than 3:1) cut or fill slopes. (Code 1991, §161.07; Ord. No. 3551, 6-4-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, §1, 8-18-98; Ord. No. 4855, 4-18-06; Ord. No. 5336, 8-3-10; Ord. No. 5431, 8-16-11; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14; Ord. No. 6061 , §6, 4-17-18) March 2021 Final Redlined Draft Page 123 of 134 ' Formatted: Indent: Left: 0.5" Formatted: Indent: First line: 0.5" L E G E N D NOTES I ------- UISTIM5GROUND ACNSUVER ExlsrlriG PRDPERTr ILINES OR SETBa PROPERTY OR EASEMENT LINE �- CONSTRUCTION LIMITS INDICATE —IF FOR INITML—STELOTcE OF THE ucnaN OR MAINTENANCE STRUCTUREIN TXF FUTURE - PROPOSER GROUND 3. REVIEW ZONINGS BUILDING SETBACK REQUIREMENTS. DEFER - COnSTRUCTON LIMIT& TO NMI CHEVER MAY 6E GREATER. 4. MINIMUM 6LOPE ANG DISTANCE FROM THE 6TRVGTVRE PER L STATE BUILDING CODE MUST NOT BE VIOLATED 66x MINIMVM SETBACN HAOMPROPERTY LINEURHILL 5- ItAL SECTION S CHAPTERS TB TIEBACK FOR SOI L TYPES A_SLOPE O nTION TO DETERMINE THE S SLOPE LIMITSOFOONSTRUCTION. F TOVNDATIDN DOWNHILL B. APPLICABLE FOR RETAINING WALLS MERE THAN J FT HEIGHT Fx FOV NDATION UPH ILL Cx LIMITS OF CGNSTRUCTIONUPHILL ILL 9Bx B. _ 1 aL PIL EL SBA Be I• Z SIB 1• FILL SLOPE Y' Flauer Thaa5:1 Uphil lDown•illl 5' 5.1 To,31 B' GrealaThen 3:1 CUT SLOPE DPwnhil FILL SLOPE UphII1 PIL EL PL. EL 86I SBx IL w0. PL. EL SBt SBx See NO18 t ~ ^� — Uphil j SBx BE, = F,+S Dovmhill SBi= _ VPhill RETAINING WALL CUT SLOPE Oo•�r FII RETAINING WALL FILL SLOPE EL c1 BE, SBx PLm EL EL EL --SeeNo[e1 y 'SBI Cx IUPhlll S8x•Cx•1' UPh Ih 361= Fi •5' D—h-11 $Bi = F+5' Dawah1II BLOCK RETAINING WALL BLOCK RETAINING WALL CUT SLOPE FILL SLOPE March 2021 Final Redlined Draft Page 124 of 134 56� 5' SO, Apply W 5. Existing Struotu2s Uphill �1 sl�q Downhill CUT SLOPE- STRUCTURES 86v 2 S&. Rail 1 / EELOW Uphill ___ - Sn,. FILL SLOPE 5' Flatter Than 11 Tip 41-113 Greater Than 2'1 DiE%ISTING FILL SLOPE- E7(I$TING STRUCTURES • D-5' For Existing D=2' For Proposed sax c� •D cx se, i SSx-Cz+S C�Hx and cx+D Uphill -� Uphill F, -� SB, = H'4/3 Di F, 88,= H•W3 Downhill RETAINING WALL WITH STRUCTURES RETAINING WALL WITH STRUCTURES CUT SLOPE FILL SLOPE SBz • D=5' Far Exisdng D=2' For Proposed SBx Cz I S' Cx •0 -_ T � -7' 4SB, SB, TB Sri, Cz•5' / H / Uphill __ SBx=cx*D __ H-. Uphill F, SO, = H•413 Downhill SB, = H'4I3 D—hill BLOCK RETAINING WALL nLOCK RETAINING WALL WH STRUCTURES CLT SLOPE WITH STRUCTURES FILL SLOPE 169.07-08 - Grading Plan Specifications (A) Grading Plan. The applicant shall prepare a grading plan for all developments of greater than 6,001 square feet of impervious area as follows: March 2021 Final Redlined Draft Page 125 of 134 (1) Site Plan. Site plan showing property lines; vicinity map; name of owner, developer and adjacent property owners. (2) Existing Grades. Existing grades shall be shown with dashed line contours and proposed grades with solid line contours. Grading plans shall be required to show both the proposed grade and the undisturbed area. Contour intervals shall be a maximum of 2 feet. Spot elevations shall be indicated. (3) Designation of Grade. Areas with 0 to 10%, 10 to 15%, 15 to 20% and more than 20% grade shall each be identified in a distinguishing manner. (4) Identify Land to Be Disturbed. Land areas to be disturbed shall be clearly identified. (5) Engineer/Architect . Seal of an Arkansas registered engineer or landscape architect certifying that the plan complies with this chapter. (6) Cuts and Fills. All cuts and fills, including height and slope, shall be clearly shown on the plan. (7) Streets and Rights -of -Way. Location and names of all existing or platted streets or rights -of -way within or adjacent to tract and location of all utilities and easements within or adjacent to the property shall all be indicated. (8) Lot/Building, Etc ., Identification . The proposed location of all impervious areas, including but not limited to let buildings, streets and; parking lots, shall be indicated as well as and parks, playgrounds or green space shall "� a.. indicated. A's-^'^ he indin-ated '&A -any existing or proposed building within 100 feet of the site boundary shall be indicated. (9) Natural Features. Location of natural features such as drainage ways, ponds, rock outcroppings, wetlands and tree cover. Indication of 100 year floodplains as defined by FEMA. (10) Streets and Drainage Ways. Profiles and cross sections for proposed streets and drainage ways. (11) Acreage. Total project acreage, temporary -and _disturbed area and permanent impervious area. (12) Surface Water. Provisions for collecting and discharging surface water in accordance with the Drainage Criteria Manual. (13) Underground Utilities. Profiles and cross sections of streets, drainage systems, and underground utilities, if they are necessary to clarify the grading plan in terms of potential erosion or runoff, or if the grading on site has the potential of disturbing the utility line. (14) Treatment of Slopes and Benches. The method of treatment for all slopes and benches shall be indicated, including final cover type. (15) Natural Vegetation Preservation. Proposals for preserving natural vegetation and description of re -vegetation or other permanent erosion control strategy. (16) Runoff/Sedimentation. Specification of measures to control runoff and sedimentation during construction indicating what will be used such as silt fences, silt dams, rock check dams, lateral hillside ditches, catch basins, and the like. (17) Preliminary Plat Master Build -Out Grading Plan. The applicant shall prepare a master grading plan to be followed during individual lot development to convey runoff to a public drainage easement or right of way. The following shall be required for individual lot drainage design: (a) Identify lot lines and conceptual foot print of residence. (b) Indicate individual lot drainage with the use of contours and flow arrows or other indications of direction of drainage. (i) In general, drainage should be routed on the shortest practicable flow path to the public right-of-way or drainage easement. March 2021 Final Redlined Draft Page 126 of 134 (c) Nonstructural grassed swales for rear lot drainage concentration is discouraged and shall not be installed in combination with a utility easement. (d) Right-of-way, utility easements and drainage easements shall be graded and shaped in accordance with the master build out grading plan during preliminary plat construction. (i) Utility easements adjacent to the right-of-way shall be no steeper than 15%. (ii) Provisions will be considered to accommodate positive drainage until build -out occurs. (B) Preliminary Grade Plan. The preliminary grading plan shall have adequate detail for review. (Code 1991, §161.08; Ord. No. 3551, 6-4-91; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4113, 8-18-98; Ord. No. 4855, 4-18-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 169, 8-5-14; Ord. No. 6061 , §7, 4-17-18) CHAPTER 170:—STORMWATER MANAGEMENT .yimu, DRAINAGE AND EROSION CONTROL 170.01 - Intent (A) Intent. It is the intent of this chapter to protect, maintain, and enhance the health, safety, and general welfare of the citizens of the City of Fayetteville by: (1) Preventing increases in the magnitude and frequency of stormwater runoff to prevent increases in flood flows and associated hazards and costs. (2) Controlling soil erosion and sedimentation to minimize soil deposition in streams and other receiving water bodies and storm drainage systems. (3) Requiring surface and stormwater management practices that comply with requirements of this chapter. (4) Promoting the development of stormwater facilities that are aesthetically desirable. (B) Findings of Fact. The City Council finds that uncontrolled stormwater runoff from developed land adversely affects the public health, safety, and welfare because: (1) Impervious Surfaces/Runoff. Impervious surfaces increase the quantity and velocity of surface runoff, which reduces percolation of water through soil and increases erosion and flooding. (2) Collection and Conveyance of Stormwater. Improper stormwater collection and conveyance adversely affects property and increases the incidence and severity of flooding, which can endanger property and human life. (3) Erosion-. Increased erosion leads to sedimentation in stormwater management systems, which decreases the system's capacity (4) Future Problems. Many future problems can be avoided if land is developed in accordance with sound stormwater runoff management practices. (5) Limited Jurisdiction. As a non-traditional, or regulated, MS4, the University of Arkansas' — Formatted: Font: Italic Fayetteville campus is permitted by ADEQ to administer its own stormwater management program upstream and physically inter connected to the City's MS4. (Code 1991, § 163.03; Ord. No. 3895, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4855, 4-18-06; Ord. No. 4920, 9-05-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 170, 8-5-14) March 2021 Final Redlined Draft Page 127 of 134 170.02 -Adoption Of Drainage Criteria Manual The City Council hereby adopts by reference the Drainage Criteria Manual-, prepared for the City of Fayetteville, and adopted by Ordinance No. 5702 of the City of Fayetteville, and as may be amended from time to time by the City Engineer. All technical procedures and design standards contained therein shall have the same force and effect as if printed word for word in this chapter. (Code 1991, §163.03; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4920, 09-05-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 170, 8-5-14) 170.03 - Permits Required (A) Applicability. This chapter shall apply to all land within the corporate limits of the City of Fayetteville. No person may subdivide and develop, change to a more intensive land use, construct or reconstruct a structure, or change the size of a structure, or conduct grading, clearing, or filling activities without first obtaining a stormwater management, drainage and erosion control permit (hereinafter referred to as a "drainage permit") from the city, except as specified in §170.03 (C) and §170.03 (D) below. (B) Permit Application. Any application for a drainage permit shall be submitted to the City Engineer using appropriate forms as provided by the city for review, processing, and approval. The drainage permit application shall be submitted as part of con^u rr� ently with -the application for a grading permit, if such grading permit is required by §169.03. A permit application shall contain sufficient information and plans to allow the City Engineer to determine whether the project complies with the requirements of this chapter. The specific items to be submitted for a permit application shall be in the form and follow the procedures as described in the Drainage Criteria Manual, Section 1.4, Drainage Report Template and Checklist. The City Engineer shall make the final determination regarding detention. (1) Fee. A nonrefundable permit application fee shall be paid when the application is submitted to help cover the cost of the plan review, administration and management of the permitting process and inspection of project implementation and operation (separate from the Physical Alteration of Land fee). (2) Issuance. If the City Engineer determines that the permit application submittal is in compliance with all provisions of this chapter, a permit may be issued. If the City Engineer determines that the permit submittal does not conform with all provisions of this chapter, permit issuance may be denied and a written statement as to the reasons for the denial shall be provided to the applicant. (C) Project not Requiring Detention. Any project that requires a drainage permit that does not require detention must submit documentation to this effect to the City Engineer. After review and aaay-Feceive; witia ihLa approval of the City Engineer, a grading permit may be issued prior to issuance of the drainage permit. (D) Any grading permit and/or drainage permit issued shall be subject to the following (1) Insufficient or Incomplete Drainage Permit Application. If the drainage permit application, including the required calculations, is determined by the City Engineer to be insufficient or incomplete, it shall be revised and resubmitted by the applicant within four (4) weeks of receipt of written notice of insufficiency or incompleteness. (2) Deadline for the Revised Application or Insufficient or Incomplete Revisions. A -step work order foF all gFad,..,. GR the P eGt shall he ,s ,ed by the City FRgi. eGF lif a revised application is not submitted within four (4) weeks of receipt by applicant of the written notice of insufficiency or incompleteness a stop work order for all grading on the project shall be issued by the City Engineer. A stop work order for all grading on the project shall be issued by the City Engineer if the revised application is determined by the City Engineer to be still insufficient or incomplete. However, the City Engineer may delay issuance of the stop work order if the City Engineer determines that the applicant has demonstrated prior to the deadline that circumstances not reasonably foreseeable and beyond the applicant's reasonable control prevented his timely resubmission of a sufficient and complete revised drainage permit application. March 2021 Final Redlined Draft Page 128 of 134 shall be issued by the City Engineer if the revised application is determined by the City Engineer (43) Stabilization and Revegetation After Stop Work Order. If a stop work order is issued pursuant to §170.03 (C) (32), the applicant shall stabilize and revegetate all graded and otherwise disturbed areas as set forth in the Drainage Criteria Manual. (54) Termination of Stop Work Order. Any stop work order issued pursuant to §170.03(C)(2) of §1-70-.03(C)(3),shall expire upon the issuance of a drainage permit and compliance with any conditions contained in the drainage permit. (E) Exceptions Where No Drainage Permit is Required. Drainage permits are not required for the following activities unless the Project is otherwise covered under this UDC or occurs upstream of a known public flooding problem: (1) _S44gl Famii)A!Duplex. One (1) single family . side^^^ of duplex. n .drainage permit is of requiredNew developments, redevelopments or additions that create less or equal to 10,000 square feet of new impervious area. See Section 170.40-09 for building permit submittal requirements. (2) Lots that are part of a Larger Development. One (1) seaersiat er industrial project built on an individual lot that is part of a larger subdivision development that has been issued an approved drainage control permit when the proposed project is demonstrated to be in compliance with the overall subdivision drainage permit. (3) Existing Non-residential. Existing corrimprcoal and nonresidential structure where the additional impervious area is less than 2;000-10.000 square feet. See Section 170.09 for building permit submittal requirements. (4) Maintenance. Maintenance or clearing activity that does not change or affect the quality, rate, volume, or location of stormwater flows on the site, or runoff from the site. (5) Agriculture. Bona fide agricultural pursuits, for which a soil conservation plan has been approved by the local Soil and Water Conservation District. (6) Emergency. Action taken under emergency conditions, either to prevent imminent harm or danger to persons, or to protect property from imminent danger of fire, violent storms, or other hazards when determined to be necessary by the Citv Enaineer. (F) Compliance with Chapter Provisions. Although a specific permit is not required for these particular circumstances, this exception does not exempt the owner/developer/builder from complying with the Pollution pFeventie.n and ^ and- serlir e.nt sent•^' provisions of this-Chhapter 169. Physical Alteration of Land. (Code 1991, §163.04; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4314, 5-15-01; Ord. No. 4920, 9-05-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 170, 8-5-14) March 2021 Final Reclined Draft Page 129 of 134 170.05 — Permit Process ^^Off -Site Stormwater Management Improvements (A) Upon review by the City Engineer, if it is determined according to present engineering practice that the proposed development will provide rentrol Af 1#94W.A.fatOr runoff in annordaRne vioth the purposes, design Griteria, and peFfermanGestandards efthpse regulations and will net be diatrimetntal to the publiG health, safety, and general welfare, the City Engineer shall approve the plan or GOnditienally approve the plan ettiRg forth the .. Rdifions thereof 03 —Off--Site Improvements. If it is determined that offsite drainage improvements are required, and that such specific off -site drainage improvements are consistent with the city's current and established priorities, then cost sharing will be in accordance with "Required Off -site Improvements." If the city is unable, or unwilling, to contribute its share of the off -site costs, the developer shall have the option of: (1) Developer's Expense. Building the off -site improvements at hisFhertheir own expense; (2) Detention. Providing detention so as to match downstream capacities; or (3) Delay Project. Delaying the project until the city is able, or willing, to share in the off -site costs. (Code 1991, §163.06; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4855, 4-18-06; Ord. No. 4920, 9-05-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 170, 8-5-14) 170.06 - Performance Criteria Drainage Criteria Manual, adopted by §170.02 of this chapter and as may be amended from time to time by the City Engineer, shall be used to determine compliance with the performance criteria established by this chapter. Formatted: Outline numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + at: 0" + Indent at: 0.25" (B) Performance Criteria. Except as otherwise provided in this chapter, a development must be designed, Formatted: Font: (Default) Arial, 10 pt constructed, operated, and maintained to comply with the following stormwater sizing performance criteria. Each minimum standard is intended to be used in conjunction with the others to address the overall stormwater impacts from a development site. Supporting technical detail can be found in the Section 2.1 of the Drainage Criteria Manual (DCM): Formatted: Font: Italic Formatted: Font: Not Italic j�(��1tAinimum Standard #1 - Water Quality_ Reduce the average annual post -development total�,> ---- Formatted: Outline numbered + Level: 2 + Numbering suspended solids (TSS) loadings from increased impervious areas either by TSS Reduction Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" March 2021 Final Redlined Draft Page 130 of 134 Method or the Runoff Reduction Method (RRM). `NheFe ^ ^^"^^h'^ r^a„^^ the avepage aRRUal post _development total suspended solids- loadings by 809 �(2-Minimum Standard #2 -Channel Protection. Provide extended detention to reduce flows and - Formatted: Font: Italic protect downstream channels from erosive velocities and unstable conditions. Post -development flows shall not exceed the predevelopment flowsCaptUFe the ;r ^^a value ,^ of the ^ ^ (1 ` yeaF twenty four (24) hour storm and r^I^.;s^ it ever an extended n ied of tirne LIL,4�/IAinimum Standard #3 - Overbank and c� � ,-.,fr^me- Flood Protection. Provide peak discharge _ Formatted: Font: Italic control of the storm events noted in the DCM such that the post -development peak rate does not exceed the predevelopment rate. Th^ ^nit t^„^'nnm^nt 'peak rate- of rf,^^ discharge must not t-xGpi-d the existing diSGharge for the one huRdred (100) year, tweRty four (24) hour storm; the the five (5) year, twenty four (24) hour storm; and the two (2) year, twenty four (24) hour storm, �("Minimum Standard #4 -Extreme Flood Protection. Provide peak discharge control such that Formatted: Font: Italic the post -development peak rate does not exceed the predevelopment rate. f� Better Site Design and Green Stormwater Practices,.- Use Ofaew-irnpast development design ^tr^t^^i^^ as described in the Drainage Criteria Manual-, to attenuate lesser storms and more closely mimic predevelopment hydrology is -are encouraged. N f-5)—Direct Discharge., Direct discharge of a pipe into streams and/or floodways is not allowed. A stilling basin or other structure that will collect sediment, trash, etc. and that will reduce the likelihood of erosion in the receiving stream due to discharge from the pipe shall be installed at pipe discharges into streams and/or floodways., (6) sion and Channel Stability., All stormwater management systems shall be evaluated based on their ability to prevent erosion and sedimentation of the receiving waters and adverse impacts on the site's natural systems. The design engineer shall consider the on -site and downstream effects of the peak discharges and shall design both the permanent and the construction phase of the stormwater management system in a manner that will not increase flooding, channel instability, or erosion downstream when considered in aggregate with other developed properties and downstream drainage capacities. 1?Lf may be amended frorn tirne to tome by the Gity FR&GeF, shall be used for guidaRG8 te determiRe Gornnl•anGe with the performance criteria estahrshed by this chanter (Code 1991, §163.07; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4920, 9-05-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 170, 8-5-14) 170.07 - Maintenance Responsibility (A) Dedication. Those stormwater management systems approved in compliance with this chapter that will function as a part of the stormwater management conveyance system shall be dedicated to the city. All areas and/or structures to be dedicated to the city must be accompanied by a drainage easement, dedicated by plat or separate instrument and accepted by the City Engineer. (B) Maintain Stormwater Systems and Structures . The owner of the property on which stormwater systems and structures have been installed shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sedimentation controls, and other protective devices. (C) Right -of -Entry for Inspection . The owner shall provide for the City Engineer or designee to enter the property at reasonable times and in a reasonable manner for the purpose of inspecting stormwater systems and structures. March 2021 Final Redlined Draft Page 131 of 134 Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.45" + Indent at: 0.7" Formatted: Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" (D) Failure to Maintain . If a responsible person fails or refuses to meet the maintenance requirements the city may give written notice requesting corrective action. If the conditions described in the failure to maintain notice are not corrected within ten (10) days after such notice is given, the Mayor, or his duly authorized representative, is hereby authorized to enter upon the property and do whatever is necessary to correct or remove the conditions described, in the notice. The costs of correcting said conditions shall be charged to the owner or owners of the property and the city shall have a lien against such property for such costs. (1) Enforcement of the Lien . The lien herein provided for may be enforced and collected in either one of the following manners: (a) The lien maybe enforced at anytime within eighteen (18) months after work has been done, by an action in circuit court; or (b) The amount of the lien herein provided may be determined at a hearing before the City Council held after thirty (30) days written notice by certified mail to the owner or owners of the property, if the name and whereabouts of the owner or owners be known, and if the name of the owner or owners cannot be determined, then only after publication of notice of such hearing in a newspaper having a bona fide circulation in Washington County for one insertion per week for four consecutive weeks; the determination of the City Council shall be subject to appeal by the property owner in circuit court; and the amount so determined at said hearing, plus 10% penalty for collection, shall be by the City Council certified to the tax collector of the county, and by him placed on the tax books as delinquent taxes, and collected accordingly, and the amount, less 3% thereof, when so collected shall be paid to the city by the county tax collector. (c) In case the owner of any lot or other real property is unknown or his whereabouts is not known or he is a nonresident of this state, then a copy of the written notice hereinabove referred to shall be posted upon the premises and before any action to enforce such lien shall be had, the City Clerk shall make an affidavit setting out the facts as to unknown address or whereabouts or non -residence, and thereupon service of the publication as now provided for by law against nonresident defendants may be had, and an attorney ad litem may be appointed to notify the defendant by registered letter addressed to his last known place of residence if same can be found. (E) Removal and modification of Stormwater Systems and Structures. Stormwater systems and structures may only be modified or removed with the approval of the City Engineer, who shall determine whether the stormwater system or structure does not function as a part of the stormwater management system. The applicant may be required to provide supporting data and calculations that justify the removal of the stormwater systems or structures. (Code 1991, §163.08; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4920, 9-05-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 170, 8-5-14) March 2021 Final Redlined Draft Page 132 of 134 170.00-08 - Preliminary Plat, Lot Requirements (A) Preliminary Plats. Preliminary Plats shall include a master drainage plan for each lot related to the proposed infrastructure and adjacent lots. (B) Preliminary Plats for Residential Subdivisions . Preliminary Plats for residential subdivisions shall provide drainage information meeting the Arkansas Fire Prevention Code for building safety regulations for positive drainage of each lot. (1) The applicant shall prepare a master grading plan to be followed during individual lot development to convey runoff to a public drainage easement or right-of-way. (2) Right-of-way, utility easements and drainage easements shall be graded and shaped in accordance with the master build out grading plan during preliminary plat construction. (C) Rear Lot Drainage Easements. Rear lot drainage easements for nonstructural grassed swales shall not overlap utility easements with above ground structures, i.e., electric transformers, gas meters, communication junctions, etc. March 2021 Final Redlined Draft Page 133 of 134 (D) Final Plat. The final plat shall include the approved master drainage plan to be filed as a supplemental document. The scale shall be legible and approved by the City Engineer. (Code 1991, §163.10; Ord. No. 3895, §1, 6-20-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4920, 9-05-06; Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 170, 8-5-14) �7l1 4f1 _ 4 P. 9 Family Residential Dequiremen4c Formatted: Not Highlight Street. t ....... Formatted:list0 March 2021 Final Redlined Draft Page 134 of 134 (AS) Private Drainage Systems. (1) Private Drainage System Maintenance. A private drainage system includes groundwater, drainage pipes or channels, and any flowing or standing water not within a right-of-way or drainage easement. The owner of any private drainage system shall maintain the system to prevent or reduce the discharge of pollutants. This maintenance shall include, but is not limited to, sediment removal, bank erosion repairs, maintenance of vegetative cover, and removal of debris from pipes and structures. (2) Minimization of Irrigation Runoff. Concentrated flow of irrigation water to the storm drainage system is prohibited. Irrigation systems shall be managed to reduce the discharge of water from a site. (3) Cleaning of Paved Surfaces Required. The owner of any paved parking lot, street or drive shall clean the pavement as required to prevent the buildup and discharge of pollutants. The visible buildup of mechanical fluid, waste materials, sediment or debris is a violation of this chapter. Paved surfaces shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other methods in compliance with this Code. Material shall not be swept or washed into the storm drainage system. This section does not apply to pollutants discharged from construction activities. (4) Maintenance of Equipment. Any leak or spill related to equipment maintenance in an outdoor, uncovered area shall be contained to prevent the potential release of pollutants. Vehicles, machinery and equipment must be maintained to reduce leaking fluids. (5) Materials Storage. In addition to other requirements of this Code, materials shall be stored to prevent the potential release of pollutants. The uncovered, outdoor storage of unsealed containers of hazardous substances is prohibited. (6) Pesticides, Herbicides and Fertilizers. Pesticides, herbicides and fertilizers shall be applied in accordance with manufacturer recommendations and applicable laws. Excessive application shall be avoided. (7) Open Drainage Channel Maintenange Maintenance. Every person owning or occupying property through which an open drainage channel passes shall prevent trash, debris, excessive vegetation, and other obstacles from their property from entering the drainage channel or obstructing flow. _(D) Release Reporting and Gleanup. ARy person respeRsible for a release Of rnRtPriAI'; WhiGh are or may hazard-e-0,; rnateFial, said PGFSGR shall GOrnply with all state, federal, and IeGal laws FeqUiFiRg FGPGFtiF1g, cleanup, containment, and any other appropriate rernedial antion in response to the release. (€B) Authorization to Adopt and Impose Best Management Practices. The city may adopt and impose a Best Management Rr;;Gt,,.e�Drainage Criteria Manual and requirements identifying Best Management Practices for any rip vate activity, operation, or facility, which may cause a discharge of pollutants to the storm drainage system. Where specific BMPs are required, every person undertaking such activity or operation, or owning or operating such facility shall implement and maintain these BMPs at their own expense. March 2021 Final Redlined Draft Page 135 of 134 (Ord. No. 5336, 8-3-10; Ord. No. 5702, Repealed & Replaced Chp. 170, 8-5-14) 170.10 — Illicit Discharge Detection and Elimination (A) Purpose. (1) The purpose of this section is to provide for the health, safety, and general welfare of the citizens of Fayetteville through the regulation of non -storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. (2) It establishes methods for controlling the introduction of pollutants into its municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. i.91 i ne universiry or Arkansas, rayerrevme campus is a separare smaii ivia4 i,4ruta permir noiger ang------- --- Formatted: listl, Numbered + Level: 1 + Numbering responsible for Illicit Discharge Detection and Elimination (IDDE) within its service area. Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned (B) Prohibition of Illegal Discharges and Illicit Connections. at: 0" + Indent at: US" (1) Illegal discharges are prohibited. No person shall throw, drain, or otherwise discharge, cause, or allow Formatted: Indent: Left: 0" others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than storm water. Common stormwater contaminants include trash, yard waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous waste Formatted: Font: (Default) Arial, 10 pt and sediment. (2) Illicit connections are prohibited. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) No person shall connect a line conveying sanitary sewage, domestic sewage or industrial waste, to the storm drainage system, or allow such a connection to continue. (C) Exemptions. The following non-stormwater discharges are acceptable and not a violation of this chapter provided that ADEQ has not determined and notified the Citv in writing that these sources are substantial contributors of pollutants 1) juncontaminated waterline flushing; 2) landscape Irrigation; 3) rising ground waters; uncontaminated ground water infiltration (infiltration is defined as water other —than wastewater that enters a sewer system, including sewer service connections —and foundation drains, from the ground through such means as defective pipes, —pipe joints, connections, or manholes. Infiltration does not include, and is 4) distinguished from, inflow.); 5) .uncontaminated pumped ground water; 6) discharges from potable water sources; 7) uncontaminated foundation drains; 8) uncontaminated air conditioning condensate; 9) irrigation water; 10) springs; 14) individual residential car washing; 15) flows from riparian habitats and wetlands; 16) dechlorinated swimming pool discharges; 17) uncontaminated street wash water; 18) discharges or flows from emergency firefighting activities; and March 2021 Final Redlined Draft Page 136 of 134 Formatted: Space Before: Auto, After: Auto, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55" Formatted: Font: (Default) Arial, 10 pt Formatted: Space Before: Auto, After: Auto, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 03' + Indent at: 0.55" Formatted: Font: (Default) Arial, 10 pt Formatted: Space Before: Auto, After: Auto, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 03' + Indent at: 0.55" Formatted: Space Before: Auto, After: Auto, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 03' + Indent at: 0.55" Formatted: Font: (Default) Arial, 10 pt Formatted: Space Before: Auto, After: Auto, Numbered + Level: 1 + Numbering Style: 1, 2, 3,... + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.55" Formatted: Font: (Default) Arial Formatted: Space Before: Auto, After: Auto, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 03' + Indent at: 0.55", Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers 19) unless otherwise permitted or regulated by ADEQ, discharges of gray water from municipal splash pads (also known as spray ponds or spray grounds), as defined in Part 6.35 of this permit, provided the discharges comply with all applicable municipal or county ordinances enacted or pursuant to law. Discharges from recirculating systems shall be de -chlorinated prior to discharge.. Formatted: Font: (Default) Arial, 10 pt (D) Release Reporting and Cleanup. Any person responsible for a release of materials which are or may' Formatted: Indent: Left: 0" result in illicit discharges to the storm drainage system shall take all necessary steps to ensure the discovery, containment, abatement and cleanup of such release. In the event of such a release of a hazardous material, said person shall comply with all state, federal, and local laws requiring reporting, cleanup, containment, and any other appropriate remedial action in response to the release-. Failure to address an illicit discharge will result in enforcement action per Chapter 153. 170.1-211-170.99 - Reserved (Ord. No. 5702, Repealed & Replaced Chp. 170, 8-5-14) Formatted: Heading 2 March 2021 Final Redlined Draft Page 137 of 134 Exhibit A Reseal the followina definitions in 151.01: • One hundred (100) year flood (flood damage prevention) • Accessory dwelling unit (zoning, supplemental zoning) • Caliper (landscape regulations) • Cistern (stormwater) • Cribbing (physical alteration of land) • Hilltop (Hillside/Hilltop Overlay District) • Levee system (flood damage prevention) • Lot (development) • Major developments (development) • Rain barrels (stormwater) • Regulatory area (stormwater management, drainage and erosion control) • Stormwater management, drainage and erosion control permit (stormwater management, drainage and erosion control) • Unified Soil Classification System (physical alteration of land) • Universal soil loss equation (physical alteration of land) • Variance (flood damage prevention) • Variance (zoning) Repeal and replace certain definitions in & 151.01 with the following: • Accent lighting (outdoor lighting). Any directional lighting which emphasizes a particular object or draws attention to a particular area. • Applicant (enforcement, appeals, tree preservation and protection). Any person, party, partnership, corporation or other business entity seeking the city's approval of a proposed tree preservation plan. • Base flood (stormwater management, drainage and erosion control, flood damage prevention). The flood having a 1 % chance of being equaled or exceeded in any given year, also referred to as the one hundred (100) year storm event. The base flood is the national standard used by the National Flood Insurance Program (NFIP) and all Federal agencies for the purposes of requiring the purchase of flood insurance and regulating new development. • Bed and breakfast facility (zoning). A permanently owner -occupied private home with a maximum of five (5) guest rooms furnishing temporary lodging and meals to overnight and event guests. • Building permit (manufactured homes and parks) (manufactured homes and parks opened or expanded after 4- 20-72). A written permit issued by the enforcement officer permitting construction, erection, alteration, remodeling, or repair of a manufactured home park. • Caliper (landscape regulations, parking and loading). A measurement of general tree size taken at a point located 6 inches above natural ground or root ball surface. • City Engineer (stormwater management and drainage, physical alteration of land). The City Engineer or his appointed representatives, including assigned staff engineers, technicians and inspectors. • Detention (stormwater management and drainage, physical alteration of land). The collection and temporary storage of stormwater per the specifications of the City's Drainage Criteria Manual with subsequent gradual release of the stormwater; see also Extended Detention Area. • Development (stormwater management and drainage, physical alteration of land). To make a site or area available for use by physical alteration. Development includes, but is not limited to, providing access to a site, clearing vegetation; grading; earth moving; providing utilities and other services such as parking facilities; stormwater management and erosion control systems; and sewage disposal systems; altering landforms; or construction of a structure on the land. Development shall also mean any of the following: (A) Construction, installation, alteration, demolition, or removal of a structure, impervious surface, or stormwater management system, or (B) Clearing, scraping, grubbing, or otherwise removing or killing the vegetation of a site; or (C) Adding, removing, exposing, excavating, leveling, grading, digging, dumping, or otherwise disturbing the soil or rock of a site in a manner contrary to the requirements of the stormwater management, drainage and erosion control regulations. • Flood or flooding events (flood damage prevention). General or temporary conditions of partial or complete inundation of normally dry land areas from the overflow of flood waters, or the unusual and rapid accumulation or run-off of surface water from any source. (A) 100-year flood (flood damage prevention) is any flood with a 1 % chance of occurring in any given year. The term is misleading, because of its statistical derivation. A one hundred (100) year flood may occur many times in any given one hundred (100) year period, or it may not occur at all in one hundred (100) years. (8) 500-year flood (flood damage prevention) is any flood with a 0.2% chance of occurring in any given year. As with the one hundred (100) year flood, this term is also misleading, because of its statistical derivation. A five hundred (500) year flood may occur many times in any given five hundred (500) year period, or it may not occur at all in five hundred (500 years). • Flood Insurance Rate Map (FIRM) (flood damage prevention). The official map on which the Federal Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. Unless otherwise stated, it shall be the latest regulatory FIRM including any effective letters of map revision that has been adopted by FEMA. • Flood Insurance Study (flood damage prevention). The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. Unless otherwise stated, it shall be the latest regulatory Flood Insurance Study for Washington County that has been adopted by FEMA. • Functionally dependent use (variances, flood damage prevention). A use which cannot perform its intended purpose unless it is located or carried out in close proximity to a feature, such as water. Green roof (Stormwater). A green stormwater practice, designed per the City's Drainage Criteria Manual, in which an elevated roof surface is entirely covered with a thin soil and vegetation layer. • Impervious area or surface (stormwater management and drainage. physical alteration of land). Land that has been compacted or covered so that it is highly resistant to infiltration by water. Examples include rooftops, sidewalks, driveways, parking lots, and streets unless specifically designed, constructed, and maintained to be pervious. Areas of compacted gravel are considered impervious. • Intermittent stream (tree preservation and protection). A stream that carries water part of the year is dry another part but receives flow from the groundwater table when it is high enough. • Land disturbance (tree preservation and protection, physical alteration of land, landscape regulations). Clearing, scraping, grubbing, or otherwise removing or destroying the vegetation of a site, or adding, removing, exposing, excavating, leveling grading, digging, tunneling, trenching, burrowing, dumping, piling, dredging or application of toxic substance, storage of materials, and operation of equipment, or otherwise significantly disturbing the soil, mud, sand, or rock of a site. • Large scale development (development). Generally intended for development on a site of 1 acre or greater in size and proposes to create more than 10,000 square feet of impervious area and where a corresponding subdivision of land is not proposed. • Lot. (zoning, flood damage prevention). A parcel of land of at least sufficient size to meet minimum zoning, and where applicable the flood damage prevention, requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. The term includes the words "plot" or "parcel". Such lot may consist of: (A) A single lot of record; (B) A portion of a lot of record; (C) A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record; (D) A parcel of land described by metes and bounds; provided that in no case of division or combinations shall any residential lot or parcel be created which does not meet the requirements of the zoning regulations, Chapter 167. • Natural drainage ways (flood damage prevention, physical alteration of land). Ephemeral, intermittent and perennial streams. Chapter 169 is not concerned with ephemeral streams. • New development (water and wastewater impact fees, development, physical alteration of land, tree preservation and protection). Construction of a new structure or other impervious area (IA) and the construction or expansion of any other building or structure. The change in use of a building or structure that results in increased demand from water and wastewater facilities shall also be considered new development. • Outfall (drainage criteria manual). A point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and that are used to convey waters of the United States. • Peak flow (stormwater management, drainage and erosion control). The maximum rate of flow of water at a given point and time resulting from a given storm event as defined by the City's current Design Criteria Manual. • Peak flow attenuation (stormwater management, drainage and erosion control). The reduction of the peak discharge of storm runoff by storage and gradual release of that stored flow as defined by the City's current Design Criteria Manual. • Retention (landscape regulations). The use of complete storage to prevent the discharge of a given volume of stormwater runoff into surface waters. • Riparian (tree preservation and protection, low impact development). Of, relating to, or located on the bank of a river or stream. • Riparian buffer (tree preservation and protection, low impact development). A biological community consisting of trees, woody shrubs and groundcover that exists along the banks of rivers, creeks or intermittent and perennial streams. • Sediment basin (physical alteration of land). A temporary depression in a waterway designed to trap sedimentation before entry into the stormwater system or natural drainage ways. • Stormwater facility (landscape regulations, physical alteration of land, stormwater management, drainage and erosion control). A facility designed to meet the requirements for stormwater management. For the purposes of Chapters 169 and 170, stormwater facilities refer primarily to detention ponds. • Stream (flood damage prevention). Defined for the purposes of Chapter 168, Flood Damage Prevention, as single lines with no floodplain or floodway defined as illustrated on the City's current Flood Insurance Rate Map. • Substantial improvement (flood damage prevention). Any repair, reconstruction, rehabilitation, addition or improvement of a structure or any combination thereof, the cost of which equals or exceeds 50% of the market value of the structure and cumulative substantial improvements over a five (5) year period, either: (A) Before the improvement or repair is started; or (B) In the case of cumulative substantial improvement before the initial improvement or repair is started within the past 5-year period. (C) If the structure has been damaged, and is being restored, before the damage occurred. This phrase shall include structures which have incurred substantial damage. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (a) Any project for improvement or a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (b) Any alteration of a structure listed on the National Register of Historic Places, or a state inventory of historic places provided that the alteration will not preclude the structure's continued designation as an historic structure. • Water surface elevation (flood damage prevention). The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplains of riverine areas. Enact the followina new definitions in & 151.01: • 44 CFR, Emergency Management and Assistance - National Flood Insurance Program Regulations, Parts 59-75 (flood damage prevention) contain Federal regulations upon which local floodplain managements are based. • 44 CFR § 65.12 (flood damage prevention) contains the section of the federal regulations which involves revision of flood insurance rate maps to reflect base flood elevations caused by proposed encroachments. • A risk zones (flood damage prevention). Special flood hazard areas without detailed studies, where base flood elevations have not been determined. • Addition (flood damage prevention). Any improvement to an existing structure which increases the habitable space. This can include but is not limited to lateral additions, storage space conversions and garage/carport conversions. • ADEQ (physical alteration of land, stormwater management and drainage). The Arkansas Department of Environmental Quality which is the governing authority for the National Pollutant Discharge Elimination System program in the state of Arkansas. • Adverse impact (flood damage prevention). Any negative or harmful effect. • AE risk zones (flood damage prevention). Special flood hazard areas where detailed studies have determined base flood elevations. • AH risk zones (flood damage prevention). Special flood hazard areas characterized by shallow flooding with ponding effects (where floodwaters accumulate in depressions and linger until absorbed or evaporated). • AO risk zones (flood damage prevention). Special flood hazard areas characterized by shallow flooding with sheet flow (where floodwaters flow in a broad, shallow sheet rather than through a narrow channel). • Appeal Board (flood damage prevention). A person or persons specifically designated to render decisions on variance applications and floodplain management complaints. • Automatic entry and exit of floodwaters (flood damage prevention). Water must be able to enter and exit with no intervening action from a person. • Base flood elevation (flood damage prevention). The expected height of floodwaters during the peak of the base flood event. • Basement (flood damage prevention). Any enclosed area that is below grade on all sides. • BMP (physical alteration of land, stormwater management and drainage). The acronym for Best Management Practices which means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to waters of the United States. BMPs also include green stormwater practices (GSPs), treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. • BFE (flood damage prevention). The acronym for base flood elevation. • Building permit (development). Authorization issued by the Building Safety Division to commence building, electric, gas, mechanical, plumbing, and other work in conformance with adopted codes. • Buoyancy (flood damage prevention) is the upward force exerted by water. Buoyancy can cause underground tanks to float free and can lift structures off foundations. • Certificates of Compliance (flood damage prevention). Formal documents issued by floodplain administrators certifying that completed projects comply with the requirements of the local Code. • CFR (flood damage prevention). The acronym for the Code of Federal Regulations. The Code of Federal Regulations is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into fifty (50) titles that represent broad areas subject to federal regulation. The Federal regulations pertaining to the national Flood Insurance Program are found in title 44, Emergency Management and Assistance. • Clearing (flood damage prevention). The act of cutting timber or shrubs from an area. • Concrete deadman anchors (flood damage prevention). Heavy steel rods embedded in buried sections of concrete, used to secure items in place under tension. • Covenant (flood damage prevention). A clause in a contract that requires one party to do, or refrain from doing, certain things. A covenant frequently appears as a restriction that a lender imposes on a borrower. • Crawlspace (flood damage prevention). A type of structural foundation where the space beneath the lowest floor is typically not deep enough to allow a person to stand and not all of its sides are below grade. • Critical facilities (flood damage prevention). Governmental facilities that are considered essential for the delivery of critical services and crisis management (such as data and communication centers and key governmental complexes); facilities that are essential for the health and welfare of the whole population (such as hospitals, prisons, police and fire stations, emergency operations centers, evacuation shelters and schools); mass transportation facilities (such as airports, bus terminals, train terminals); lifeline utility systems (including potable water, wastewater, oil, natural gas, electric power and communications systems); high potential loss facilities (such as nuclear power plants or military installations); hazardous material facilities (such as industrial facilities housing or manufacturing or disposing of corrosives, explosives, flammable materials, radioactive materials and toxins. • D Zone areas (flood damage prevention). Areas in which the flood hazard has not been determined but may be possible. • Daylighting (flood damage prevention). To restore a stream, creek or natural drainage way or other waterway from an underground pipe to open air and daylight. • Deed restriction (flood damage prevention). A clause in a deed that limits the future uses of the property in some respect. Deed restrictions may impose a vast variety of limitations and conditions, for example, they may limit the density of buildings, dictate the types of structures that can be erected, prevent buildings from being used for specific purposes or even from being used at all. • Development (flood damage prevention). Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. • Discharge (physical alteration of land, stormwater management and drainage). When used without qualification, means the "discharge of a pollutant." • Discharge of Stormwater Associated with Construction Activity (physical alteration of land). Refers to a discharge of pollutants in stormwater runoff from areas where soil disturbing activities (e.g., clearing, grading, or excavation), construction materials or equipment storage or maintenance (e.g., fill piles, borrow area, concrete truck washout, fueling), or other industrial stormwater directly related to the construction process (e.g., concrete or asphalt batch plants) are located. • Discharge -related activities (physical alteration of land, stormwater management and drainage). Includes activities which cause, contribute to, or result in stormwater point source pollutant discharges; and measures to control stormwater discharges, including the siting, construction and operation of best management practices (BMPs) to control, reduce or prevent stormwater pollution. • Drainage Criteria Manual (physical alteration of land, stormwater management and drainage). The supporting technical manual adopted by City Council as Ordinance No. 5702 and which may be amended by the City Engineer. • Dwelling, accessory (zoning, supplemental zoning). A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to a single-family structure. • Elevation Certificate (flood damage prevention). Refers to FEMA form 81-31, which for the purposes of this Code must be properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas. • Existing structure (flood damage prevention). A structure which is in place before any reconstruction, rehabilitation, addition, or other improvement takes place for flood management purposes. • Existing manufactured home park or subdivision (flood damage prevention). A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. • Expansion to an existing manufactured home park or subdivision (flood damage prevention). The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). • Extended detention area (stormwater management and drainage). An area designed based on the proposed site and existing conditions upstream of proposed detention and can also be referred to as a stormwater pond. These constructed stormwater detention basins have a permanent pool (or micropool) of water that captures and treats runoff from each rain event per the Drainage Criteria Manual. • Extreme flood protection (stormwater management and drainage). Measures taken to prevent adverse impacts from large low -frequency storm events with a return frequency of 100 years or more. • Flood fringe (flood damage prevention). The portion of the one hundred (100) year floodplain which is outside the floodway. • Floodplain Administrator (flood damage prevention). The community official designated in the local Flood Damage Prevention Code as responsible for the Code's administration. • Floodplain development permit (flood damage prevention). A permit issued by the local Floodplain Administrator and is required before beginning any development in an area designated as a special flood hazard area on the community's FIRM. • Floodproofing Certificate (flood damage prevention). This term refers to FEMA form 086-0-34, which for the purposes of this Code must be properly completed by a professional engineer or architect licensed to practice in the State of Arkansas. • Flow -through openings (flood damage prevention). Openings specifically designed to allow floodwaters to flow into and out of enclosed spaces, minimizing the danger of foundation or wall collapse from lateral hydrostatic pressure. • Grading and drainage permit (physical alteration of land, stormwater management). Permit issued by the City of Fayetteville to an entity with the legal ability to construct temporary erosion and sedimentation control practices and permanent stormwater practices in accordance and compliance with the provisions and permit conditions of Chapters 169 and 170. • Green Stormwater Practices (GSPs) and/or Mitigation Measures (development, stormwater management). A green stormwater practice or Water Quality, Flood, and Tree Mitigation Measure, as designed per the City's current Drainage Criteria Manual. • Hazardous Materials (flood damage prevention). Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. • Hydrodynamic forces (flood damage prevention). The forces and stresses associated with moving water, including impacts from objects carried in the water. • Hydrostatic flood forces (flood damage prevention). The forces and stresses associated with standing floodwaters. • Illicit Connection (stormwater management and drainage). Any man-made conveyance connecting an illicit discharge directly to the City's municipal separate storm sewer system. This can include either: (A) Any drain or conveyance, whether on the surface or subsurface that allows an illegal discharge to enter the storm drain system including but not limited to any conveyances that allow any non -storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, (B) Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. • Illicit discharge (stormwater management and drainage). Any discharge to a municipal separate storm sewer that is not composed entirely of stormwater unless specifically allowed by 170.10 and discharges resulting from emergency firefighting activities. • Lacustrine flooding (flood damage prevention). Flooding associated with a lake. • Lateral forces (flood damage prevention). The horizontal hydrostatic forces associated with standing water. Water exerts an equal force in all directions, and as little as 3 feet of standing water can generate sufficient lateral force to collapse a foundation or wall. • Mixed use structures (flood damage prevention). Structures with both a business and a residential component, but where the area used for business is less than 50 percent of the total floor area of the structure. • MS4 (stormwater management and drainage). The acronym for Municipal Separate Storm Sewer System and means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, and storm drains): (A) Which is owned or operated by a state, city, town, county, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under section 208 of the Clean Water Act (33 U.S.C.1288) that discharges to waters of the United States; (B) Designed or used for collecting or conveying stormwater; (C) That is not a combined sewer; and (D) That is not part of a publicly owned treatment works. • New manufactured home park or subdivision (flood damage prevention). A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the initial floodplain management regulations adopted by a community. • No adverse impact principle (flood damage prevention). A principle of restricting or prohibiting land development that does harm or "adversely affects" someone else's property or land. • Nonresidential structures (flood damage prevention). Structures used only for commercial or public purposes, such as businesses, schools, churches, etc. • No -Rise Certificates (flood damage prevention). Formal certifications signed and stamped by a professional engineer licensed to practice in the State of Arkansas, demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that a proposed development will not result in any increase (0.00 feet) in flood levels within the community during the occurrence of a base flood event. • Non -Traditional MS4 (stormwater management and drainage). Systems similar to separate storm sewer systems in municipalities, such as systems at military bases, hospitals, public universities or prison complexes, and highways and other thoroughfares. The term does not include separate storm sewer systems in very discrete areas such as individual buildings. • NPDES (stormwater management and drainage, physical alteration of land). An acronym for the National Pollutant Discharge Elimination System Storm Water Discharge Permit means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area -wide basis. • Overbank flood protection (stormwater management and drainage). Measures taken to prevent an increase in the frequency and magnitude of out -of -bank flooding (i.e. flow events that exceed the capacity of the channel and enter the floodplain). • Piers (flood damage prevention). Columns of concrete or other structural material, used to support other structural members. • Pilings (flood damage prevention). Steel tubes driven to rock or a suitable soil bearing layer and connected to the foundation of a structure. • Pollutant (stormwater management and drainage). Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. • Post Construction stormwater management (stormwater management and drainage). Term involves stormwater best management practices that are used on a permanent basis to control and treat runoff once construction has been completed in accordance with a drainage permit issued per Chapter 170 and the City's current Drainage Criteria Manual. • Protected Streams Map (flood damage prevention). The official map adopted by the Fayetteville City Council, and revised as required administratively for annexed areas, indicating the point where at least 100 acres drains into a waterway and the requirements of the streamside protection zone apply downstream. • Recreational vehicles (flood damage prevention) means a vehicle which is: (A) Built on a single chassis; (B) 400 square feet or less when measured at the largest horizontal projections; (C) Designed to be self-propelled or permanently towable by a light duty truck; and (D) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. • Risk zones categorize special flood hazard areas into groupings by the specific risk of flooding. Zones A, AE, AO, and AH are special flood hazard areas. See "X Risk Zones" in this section. • Riverine flooding (flood damage prevention). Flooding associated with a river or stream channel. • Runoff reduction method. Refers to the use of Green Stormwater Practices as described in the City's current Drainage Criteria Manual, to control stormwater runoff volume by attempting to mimic a site's natural hydrology through the use of design techniques that promote infiltration, filtration, storage, and evapotranspiration. • RV (flood damage prevention). The acronym for recreational vehicle. • Screw augers (flood damage prevention). Any type of anchor that twists into the soil, typically to a depth of 4 feet or more. They are not suitable for securing manufactured homes against floodwaters because saturated grounds often soften and fail to hold the anchor in place. • Section 404 Wetlands Permit (flood damage prevention). A permit required under Section 404 of the Clean Water Act for the discharge of dredged and fill material into any surface water of the United States. The US Army Corps of Engineers issues Section 404 permits. • SFHA (flood damage prevention). The acronym for special flood hazard area. • Shallow flooding (flood damage prevention). Flooding at a depth of less than 3 feet. • Slab anchors (flood damage prevention). Anchors where the hook of the anchor is wrapped around a horizontal rebar in the slab before the concrete is poured. • Special flood hazard areas (flood damage prevention). Geographical areas identified on FEMA flood maps as being at -risk for flooding. The maps further categorize these areas into various flood risk zones A, AE, AH, and AO. • State coordinating agency (flood damage prevention). The agency that acts as a liaison between FEMA and a community for the purposes of floodplain management. The Arkansas Department of Agriculture Natural Resource Division is the State Coordinating Agency for Arkansas. • Stormwater sizing criteria (stormwater management, drainage and erosion control). Development projects applying for a Grading and Drainage Permit shall meet the Minimum Standards related to stormwater runoff and protection of existing water bodies and properties. These stormwater sizing criteria must be used to design required structural stormwater controls and can be found in the City's current Drainage Criteria Manual. • Streamside protection zones (flood damage prevention). Areas generally, but not always, made up of trees and accompanied by shrubs and other vegetation along a stream, river or shoreline that is managed to maintain the integrity of the waterway and to reduce pollution. • Structural development (flood damage prevention). A development that includes the placement or construction of a structure. • Structure (flood damage prevention). Refers to any building with two (2) or more rigid walls and a fully secured roof on a permanent site or to any gas or liquid storage tank that is principally above ground. • Top of bank (flood damage prevention). The point along a streambank where an abrupt change in slope is evident, and where the stream is generally able to overflow the banks and enter the adjacent floodplain during flows at or exceeding the average annual high water stage. • Uses vulnerable to floods (flood damage prevention). Any land or structural uses that may be negatively affected by a flood. • Watercourse alteration (flood damage prevention). Refers to any change that occurs within the banks of a watercourse. • X risk zones (flood damage prevention). A special group of insurance risk zones. One (1) type, shown as non - shaded areas on FEMA issued flood maps, indicates a zone of minimal flood risk. The second type, shown as shaded areas of FEMA flood maps, indicates a flood hazard area that is expected to be affected by the five hundred (500) year flood, but not by the one hundred (100) year base flood. Exhibit B Repeal and Replace § 159.01 — Fees/Schedule with the following: 159.01 - Fees/Schedule (A) Fees. Fees shall be imposed, as set forth below, to cover a portion of the cost of public notices and such other expenses as may be incurred in connection with processing of applications, plan reviews, amendments, permits, variances and other matters pertaining to the UDC. An alderman may present a resolution to the City Council to waive or reduce development permit fees otherwise required by this chapter or elsewhere within the Unified Development Code, where it is permitted. If the reduction or waiver would serve the public interest, alleviate an unfair burden upon an applicant, or be beneficial to the city as a whole, the City Council may grant such reduction or waiver of permit fee. (B) Fee schedule. (1) General. Unless specific fees are otherwise adopted by the City Council, the following schedule of fees is established. (2) Signs. (a) Signs. $25 for each sign. (b) Windblown signs. $10 (c) Sign variance. Filing fee: $25 (3) Development. The following application fees are due for each of the following development review submittals: a) All Concept Plats. $50 b) Lot splits or property line adjustments. $200 c) Subsequent technical plat reviews for tabled items, after initial Fee in item d) below. $200 d) All other Plat Reviews (Concurrent, Preliminary and Final): Per Plat Review Nonresidential $800 10 or less residential units F$200 25 or less residential units $400 F26 or more residential unitsF$800 e) Other Plan Reviews: Large Scale Development Planned Zoning and Site Improvement District Plans Nonresidential 5,000 or less sq. ft. $400 $800 Nonresidential Over 5,000 sq. ft. 7- $800 $1,125 10 or less residential units $200 $525 25 or less residential units $400 $725 26 or more residential units $800 $1,125 (4) Grading Permit. Two (2) reviews are covered with the initial application fee. For each subsequent review, a resubmittal fee shall apply. Permit Application Fees Grading Size of Disturbed Area Plan and Permit Less than 0.5 acre $75.00 0.51 to 1.0 acre $100.00 Over 1.0 acre $200.00 Appeals $100.00 (5) Zoning. Rezoning $325.00 Accessory Dwelling $100.00 Conditional use $100.00 Manufactured home: Initial permit Renewal Home occupation: $25.00 $12.50 Initial permit $25.00 Renewal $12.50 Planning Commission or Board of Adjustment Variance: Before any violation has occurred $25.00 After any violation has occurred $100.00 Appeal of Zoning and Development Administrator interpretation $100.00 (6) Streets and Sidewalks. Driveway, curb cut, sidewalk, and all $25.00 other excavation in public right-of-way (7) Tree Preservation. Filing fee $120.00 Drainage Resubmittal Fee Report Review (if required) $75.00 $75.00 $100.00 $100.00 $200.00 $200.00 N/A N/A (8) Floodplain Determination. Type of Review Grading Plan and Resubmittal Fee Permit Administrative review (EC, Fence, Acc $50 N/A Structure, etc..) LOMA, LOMR-F $75 $25 CLOMR/LOMR $200 $100 Appeals $100 N/A (9) Vacations. Filing fee $200.00 (10) Building Permits. (a) General fees. The following general provisions shall apply to all permits, including but not limited to building, electrical, gas, mechanical and plumbing; and shall apply in addition to the fees and requirements set forth in each separate code. (b) Permit Valuation. (i) Permit valuation is the reasonable valuation of all services, labor, materials, and appliances or devices entering into and necessary to the prosecution and completion of the work ready for occupancy. (ii) The permit valuation shall include total cost such as plumbing, electrical, gas, mechanical, equipment, and other systems, however, the cost of excavation or grading, paying, and land cost are not deemed a part of such permit valuation. (iii) The building permit fee shall be based on the construction valuation as determined by the published Building Code Fee Schedule or as submitted by the applicant, whichever is greater. (c) Building Construction. Building construction fees shall be as set forth in the Building Code, fees appendix, except as set forth below: Original C of O—new building I $15.00 Certificate of completion $15.00 C of O—existing building and/or $25.00 change of occupancy use Demolition permit $50.00 Temporary C of O F$25.00 Footing/foundation only F$50.00 Appeal of building official to Construction Board of Adjustment $50.00 and Appeal Moving permit $100.00 Administrative/Maintenance Fee $25.00 Permit extension r$50.00 Permit Processing Fee* —7$200.00 *A permit processing and review fee shall be submitted with all building permit applications as required in the Building Code Fee Schedule. This fee shall be applied as a credit to the total fees due once the building permit is obtained. (d) The Building Official shall administer the collection and reporting of fees as required herein. In the event of whether a fee should be charged or not, the Building Official shall make the final determination. (e) Supplementary Permit fees. (i) Design/Build Fee. In addition to the permit fees, a design/build fee for fast -track, design -build, and buildings permitted with construction progressing as design and construction plans are in progress shall be equal to one-half the permit fee but shall not be more than $1,000.00. (ii) Emergency, Investigative and After Hour(s). In addition to the permit fee, an emergency fee for after- hours inspection, investigations and emergency inspections shall be $20.00 per inspection. (iii) Outside City Limits. In addition to the permit fee, each inspection required outside Fayetteville city limits shall be $20.00 per inspection. (iv) Work Without Permit. Where work for which a permit is required is started or proceeded prior to obtaining said permit, the fees herein specified shall be doubled. Payment of such double fee shall not relieve any persons from fully complying with the requirement of any code in the execution of the work nor from any other applicable penalties. (v) Re -inspection. For a re -inspection to correct a violation(s) and/or if installation is not ready for requested inspections the fee shall be $25.00. For each subsequent re -inspection, the fee shall be double the amount of the previous fee, with a maximum of $200.00. All re -inspect fees must be paid prior to the inspection taking place. (vi) A Temporary Certificate of Occupancy may be issued for a period of up to thirty (30) days for a fee of $25.00. For each subsequent month that a Temporary Certificate of Occupancy is requested by the applicant and granted by the city, a fee shall be imposed that is double the amount of the previous fee, with a maximum of $200.00, until a final Certificate of Occupancy is granted. (f) Exemptions from Permit Fees. (i) Historical Buildings. (a) Buildings identified and classified as historical buildings or structures by state or local jurisdiction shall be exempt from permit fees. (b) The Mayor may exempt all or part of the applicable permit fees for buildings that can be proven to be more than fifty (50) years old. This exemption shall apply only to owner -occupied, single-family dwellings where there is to be no change of use or occupancy. Affordable Housing. Construction of single family and non-profit multi -family supportive housing funded wholly or primarily by federal Community Development Block Grants, non-profit service organizations such as Habitat for Humanity, Housing and Urban Development housing loans and similar programs designed to provide affordable, owner -occupied, single family residences to low income individuals and non-profit multi -family supportive housing shall be exempted from payment of building permit fees. (iii) City -Owned Facilities. Construction projects that occur on city -owned properties for facilities that are partially or wholly owned by the city shall be exempted from payment of building permit fees. (g) Electrical. (i) Electrical Permit Fees. Fees for permit shall be paid to the city, as follows: (a) First four meters, new or replacement, $20.00. (b) For each additional meter on a building, $5.00. (c) $0.25 per outlet, and $10.00 per inspection with electrical wiring in concrete. (d) Neon tube lighting shall be $10.00 for each transformer. (e) A minimum fee for any electrical permit shall be $20.00. (ii) Apprentice Electrician. Registration of an apprentice electrician, $10.00. (h) Gas. (i) Gas Permit Fees. Fees for gas permit shall be paid to the city, as follows: (a) First five (5) fixtures for $20.00 plus $2.00 for each additional fixture. (ii) Exceptions. Gas ranges/ovens, domestic clothes dryers, and space heaters not required to have a vent are exempted and gas permits are not required to connect these appliances to an existing gas outlet in an existing piping system. (i) Mechanical Permit Fees. Fees for a mechanical permit shall be paid to the city as follows: Minimum permit fee for the first unit $20.00 Additional units greater than 1/3 $5.00 horsepower Fractional horsepower mechanical $2.00 exhaust Gas vent per unit $5.00 Q) Plumbing. (i) Plumbing Permit Fees. Fees for plumbing permits shall be paid to the city, as follows: (a) First five fixtures for $20.00, plus $1.75 for each additional fixture, and (b) $10.00 for each inspection required for plumbing under slab. Exhibit C — Amendments to Chapter 166 Development Repeal and Replace 166.01 - Development Categories with the following: 166.01— Development Categories (A) Property Line Adjustment. A property line adjustment is a transfer or adjustment of a property line or lines between adjoining property owners which does not create a separate, new lot. A property line adjustment cannot dedicate new easements or right-of-way. (B) Subdivision of Land. (1) Lot Split. When a property is to be subdivided into two (2), three (3) or four (4) lots, parcels the application may be processed as a lot split. Except for lot splits created pursuant §164.22 Cluster Housing Development (C) Development Review Process, after the creation of more than four (4) lots from an original parent tract as established under Washington County's countywide 1985 reappraisal. Any subsequent subdivision of the parent or resulting tracts is required to be processed as a preliminary/final plat or concurrent plat. A lot split may dedicate new easements or right-of-way and may be combined with an easement plat. (2) Preliminary Plat. When a property is to be subdivided into more than four (4) lots or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, the application shall be processed as preliminary plat. A preliminary plat establishes the preliminary location of lot lines, streets, and utility infrastructure, and allows for the applicant to request construction plan approval and install required improvements. (3) Final Plat. After completion of the required infrastructure (water, sewer, storm drainage, utilities, street improvements, etc.) for a preliminary plat, the entity subdividing may submit an application for approval of the final plat. The final plat application may not be submitted until the final inspection for the required infrastructure has been scheduled with City Engineering staff. (4) Concurrent Plat. A concurrent plat combines the preliminary and final plat into one step. A concurrent plat is permitted when a property is to be subdivided into more than four (4) lots, or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, and the existing and new parcels do not require construction of new infrastructure. (C) Site Plan. (1) Large Scale Development. A large scale development is generally intended for development on a site of 1 acre or greater in size and proposes to create more than 10,000 square feet of impervious area and where a corresponding subdivision of land is not proposed. (a) Requirement. The development of the following must be processed in accordance with the requirements for a large-scale development: i. A site 1 acre or greater in size and creating more than 10,000 square feet of new impervious area; ii. Facilities emitting odors or handling explosives and (b) Excluded Developments. Developments creating less than 10,000 square feet of new impervious area or a development on a lot or parcel in a zoning district subject to administrative approval. (2) Large Site Improvement Plan A large site improvement plan review is intended for a large scale development that is located on a site within a zoning district that permits administrative approval. A large site improvement plan is subject to the requirements and excluded developments for a large scale development listed in Fayetteville Unified Development Code 166.01(C)(1). (3) Small Site Improvement Plan. A small site improvement plan review is intended for development on a site that is less than one (1) acre in size with greater than 10,000 square feet of new impervious area. (a) Requirement. The development of the following must be processed in accordance with the requirements for a small site improvement plan: i. A development that is excluded from large scale development or large site improvement plan review and requires review by multiple city divisions; ii. The creation of more than 10,000 square feet of impervious area for a development on site of less than one (1) acre within any zoning district. (b) Excluded Developments. The construction of less than or equal to 10,000 square feet of new impervious area shall be exempt from the site improvement plan requirements and shall be submitted in accordance with the requirements of §166.02(E) and §166.15. (4) Concept Plan. When a developer intends to subdivide property within the city or city's planning area boundary, he/she shall submit a concept plan to obtain feedback and recommendations from city staff prior and the Planning Commission to submitting a fully engineered development plan for review. When a developer intends to develop greater than 10,000 square feet of new impervious area within the city or city's planning area boundary, they may submit a concept plan to obtain feedback and recommendations from city staff prior to submitting a fully engineered development plan for review. (D) Modifications. (a) Minor Modifications. The Zoning and Development Administrator may authorize minor modifications in an approved subdivision of land or site plan. Minor modifications shall include, but are not limited to, substitutions of one approved structural type for another, minor variations in placement of buildings in such a way that the overall limits of approved floor area, open space, or rooms per acre are not increased, and minor shifts in property line locations. (b) Major Modifications. In the event that a developer wishes to make major modifications to an approved development, such modifications shall be submitted to the approving body of the subdivision or site plan, whether staff, Subdivision Committee, or the Planning Commission. After submission, the approving body shall approve or disapprove the requested modification. Repeal and Replace § 166.02(D)(1) with the following: (1) Property Line Adjustment, Lot Split, Building Permit, Final Plat, Concurrent Plat. The applicant shall submit copies of the approved plats containing all required signatures to the Planning Division for final approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to the Planning Division as required. Repeal and Replace § 166.02(E) with the following: (E) Building Permits (1) Before a building permit is issued the developer shall: (a) Dedication of Right -of -Way. Dedicate right-of-way in compliance with the city's Master Street Plan, and in compliance with the requirements for on or off -site improvements. (b) Dedicate all easements necessary to serve the development as required by the utility providers and the city. This may be completed by easement plat or separate easement document(s), with approval of the Planning Division. (c) Comply with all applicable zoning and development codes. (d) In addition, for small site improvement plans, large site improvement plans and large scale developments, the developer shall: i) Obtain approval from the appropriate governing body ii) On and Off -Site Improvements. Construct or guarantee required on- and off -site improvements in accordance with UDC Chapter 158. iii) Complete applicable conditions of approval. (2) In addition to 166.02(E), before a building permit is issued for site that creates between 1,201 and 10,000 square feet of new impervious area, where a corresponding subdivision of land is not proposed, the developer shall complete, and receive approval of, appropriate Grading and Drainage documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the current City Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if they are in place prior to the effective date of this ordinance. Required Mitigation Measures and Documentation by Development Threshold Development Threshold City-wide Standard Grading and Drainage / Stormwater Documentation Water Quality, Flood, and Tree Mitigation Measures Exempt from Grading and Drainage provisions except for Exempt Level 1 < or = 1200 , those still associated with the Building Permit process sf of IA such as HHOD. • Completed Green Stormwater Practice (GSP) • 2 or more measures from Step 1 of Table 2 that Worksheet, demonstrating Runoff Reduction via Reduce Runoff via Better Site Design Level 2 1,201- 6,000 sf of Better Site Design. • 1 or more Green Stormwater Practices (GSPs) IA • GSP Operation & Maintenance (O & M) Agreement measures from Step 2 of Table 2 as required to treat to ensure the long-term functionality of these 100% of the developed portion of the site. practices. Same as Level 2. • Same as Level 2. 6,001— . As needed GSP measures from Step 3 to further Level 3 10,000 sf of reduce runoff IA • Abbreviated Tree Preservation Plan Repeal and replace § 166.02(F) with the following: (F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale development, large site improvement plan, or small site improvement plan shall be issued, and no final plat or concurrent plat shall be signed for recordation until the following have been completed: (1) The requirements for on and off -site improvements have been completed, and maintenance bonds/guarantees deposited to city specifications. (2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing: (a) The location of all buildings and the setback distance for said buildings from street right-of-way and adjoining property lines; (b) The location of any freestanding signs and the setback distance of said signs from street right-of-way and adjoining property lines; (c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or fences; (d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines; (e) The location and size of all stormwater features with associated drainage easements demarcated, where applicable; and (f) The location and quantity of existing and new impervious area on the property. (3) The development has been inspected and approved by all applicable city divisions. (4) All applicable conditions of approval have been completed. Repeal and Replace § 166.03 - Plat Requirements with the following: 166.03 — Plat Requirements (A) Original Plan Drawings. Plans shall be drawn in a legible manner, at a scale which best suits the size of the property being developed or platted. All plans shall be drawn at a standard engineering scale, and submitted in paper and/or digital form, as listed on the application. (B) Plat Information. The following information shall be submitted to the Planning Division and/or Planning Commission for review and approval: (1) General. Name, address, zoning and property lines owners adjacent to the exterior boundari Name, address, telephone numbers of ow developer(s) and project representatives North arrow, scale (graphic and written), date of preparation zoning classi proposed use. Title block located in the lower right hand the name and type of project, scale, firm c preparing drawing, date and revisions. Provide a complete and accurate legend A vicinity map of the project with a radius the project. This map shall include any Ma streets as well as the 100-year flood plain The location of all existing structures Site coverage note indicating the percentz covered by impervious surface. (2) Legal Description. Property Large - Preliminary Final Concurrent Lot Scale, Concept Plat Plat Plat Line Split SIP, Plat Adj. i PZD :)f all property X X X s of the project. X X X X ier(s), X X X X X X X 'ication, and X X X X X X X corner indicating r individual X XFX X X X X X X X X X X X of 1.5 miles from ster Street Plan X X X X X X X boundary. X X X X X X X ge of site that is X X X X X X Large - Preliminary Final Concurrent Property Lot Scale, Concept Plat Plat Plat Line Split SIP, Plat Adj. PZD Written legal descriptions including area in square feet or acres that read clockwise (Note: If the project is contained in X X X X X X more than one tract, the legal for each individual tract and a total tract description must be provided.) Boundary survey of the property shown on the plat. The surveyor shall seal, sign and date the survey. Each survey X X X X X X X plat shall have 2 points described in State Plane Coordinates, Arkansas, North, North American Datum, 1983 (NAD 83) Provide a benchmark, clearly defined with an accuracy of 1/100 feet. This benchmark must be tied to USC & GS Datum. Benchmarks include but are not limited to the following: fire hydrant, manhole, etc. Point -of -beginning from a permanent well-defined referer point. This P.O.B. shall be clearly labeled on the drawing. Curve data for any street which forms a project boundary. (3) Floodplain/Floodways/Wetlands. Show 100-yr floodplain and/or floodway and based flood elevations. Reference the FIRM panel numbe effective date. Note regarding wetlands, if applicable. Note if Arm Corps of Engineers determination is in progress. (4) Topographic Information. X X X X ce X X X X X X X X X X X X PreliminaryFiConcurrent Property Lot Large- Concept Plat Line Split Scale,Plat Plat Adj. SIP, PZD and X X X X X X X X X X Existing and proposed topographic information with source of the information noted. Show: a. 2-foot contour intervals for ground slope betweer level and 10%. b. 5-foot contour interval for ground slope exceedin 10%. Spot elevations at grade breaks along existing road centerlines, gutter lines and top of curbs or edge of pavement. Contours of adjacent land within 100 feet of the project shall also be shown. (5) Tree Protection/Landscaping. Preliminary Final Concurrent Property Lot Large- Concept Di.r Dl�t pi,+ Line c.Jir Scale, pi.r Large - Preliminary Final Concurrent Property Lot Scale, Concept Plat Plat Plat Line Adj. Split SIP, Plat i PZD Delineate trees to be retained on -site and the measures to X X X X X be implemented for their protection. Clearly depict the limits of soil disturbance to include all areas to be graded both on and off -site. Show proposed location of all utilities. Landscape proposals for parking lots and/or tree replacement requirements shall include proposed plant species and size. Existing and proposed utility lines shall be shown on the plan. State the method for irrigating the plan material on the plan. When an ordinance requires shrubs o other screening material, show the layout of planting beds. (6) Utilities - Existing. X X X X X X X X X X X X Property Large - Preliminary Final Concurrent Lot Scale, Concept Plat Plat Plat Line Split SIP, Plat Add PZD Show on the drawing all known on -site and off -site existing utilities and easements (dimensioned) and provide the X X X X X X X structure's locations, types, and condition and note them as "existing" on the plat. Existing easements shall show the name of the easement holder, purpose of the easement, and the book and page number for the easement. If an easement is blanket or X X X X X X indeterminate in nature, a note to this effect shall be placed on the plat or plan. (7) Utilities - Proposed. Preliminary Final Concurrent Property Lot Large- Concept Plat Plat Plat LinAdj. Split Scale, Plat i S Show all storm sewer structures, sanitary sewer structures and drainage structures: X X X X a. Provide structure locations and types b. Provide pipe types and sizes Sanitary sewer systems: a. Provide pipe locations, sizes, and types X X X X X X b. Manhole locations of rim and invert elevations. Note the occurrence of any previous water, sewer, or storm sewer overflow problems on -site or in the X X X proximity of the site. If a septic system is to be utilized, provide a table of X X X acreage and percolation rates. Water systems, on or near the site: a. Provide pipe locations, types, and sizes X X X X X X b. Note the static pressure and flow of the nearest F hydrant if requested. c. Show location of proposed fire hydrants and meters. Underground or surface utility transmission lines: (Note: This category includes, but is not limited to telephone, electrical, natural gas, and TV cable) a. Locations of all related structures (pedestals, poles, etc.) b. Locations of all lines (note whether the line is below or above ground) c. A note shall be placed where streets will be placed under the existing overhead facilities and the approximate change in grade for the proposed street. State the width, location, and purpose of all proposed easements or rights of way for utilities, drainage, sewers, flood control, ingress/egress or other public purposes within and adjacent to the project. (8) Streets/Right-of-Ways/Easements. X X X X X X X X X X X Street right-of-way lines clearly labeled. The drawing shall depict any future R.O.W. needs as determined by the AHTD and Master Street Plan. Future R.O.W. as well as existing R.O.W. and center lines should be shown and dimensioned. The location, widths, grades, and names of all existing and proposed streets (avoid using first names of people for ne streets), alleys, paths, and other rights -of -way, whether pu or private, within and adjacent to the project; private easements within and adjacent to the project; and the radi of each centerline curve. Private streets shall be clearly indicated and named. Names of streets should be approve the 911 Coordinator. A layout of adjoining property (within 300 feet) in sufficient detail to show the effect of proposed and existing streets (including those on the Master Street Plan), adjoining lots, off -site easements. This information can be obtained from Master Street Plan, Aerial Photos, and the City Plat Pages located in the Planning Office if requested. The location of all existing and proposed street lights (At ev intersection, cul-de-sac & every 300 feet and associated easements to serve each light.) (9) Subdivision of Land. r La rge- P I' i F I C t Property L t S I C t and the re iminary ina oncurren Line o ca e, oncep Plat Plat Plat Split SIP, Plat Add. I PZD X X X X X X X blic X X X X X X X us by X X X X X ery X rX X X Preliminary Final Concurrent Property Lot Large- Concept Plat Plat Plat Line Split Scale, Plat Adj. The lot layout, the dimensions of each lot, number of each lot, total area in square footage or acreage to the nearest 1/100th acre of each lot, and the approximate finish grade where pads are proposed for building sites. Lots shall be numbered consecutively for all phases. The total number of lots shall be indicated on the plat. For phased development, a plat showing all phases is required. (10) Site Specific Information. Provide a note of any known existing flooding and/or erosio problems on -site or within 300 feet downstream of the property. The location of known existing or abandoned water wells, sumps, cesspools, springs, water impoundments, and underground structures within the project. The location of known existing or proposed ground leases o access agreements, if known. (e.g. shared parking lots, drives, areas of land that will be leased) The location of all known potentially dangerous areas, including areas subject to flooding, slope instability, soil settlement, excessive noise, previously filled areas and the means of mitigating the hazards (abatement wall, signage, etc.). The boundaries, acreage, and the use of existing and proposed public areas in and adjacent to the project. If land is to be offered for dedication for park and recreation purposes it shall be designated. For residential development, indicate the use and list in a table the number of units and bedrooms. For non-residential development, indicate the gross floor area, and if for multiple uses, the floor area devoted to each type of use. The location and size of existing and proposed signs, if any. The location and number of bike racks provided and required. Location, size, surfacing, landscaping, and arrangement of parking and loading areas. Indicate pattern of traffic flow; include a table showing required, provided, and handicapped accessible parking spaces. PZD Property Preliminary Final Concurrent Line Lot Large - Scale, Concept Plat Plat Plat Adj. Split SIP, Plat PZD n X X X X X X X X X X r X X X X X FX X I X X X X X X X 1 1_l X i X —1 X �� X X X _F X X Location and width of curb cuts and driveways. Dimension all driveways and curb cuts from side property line and surrounding intersections. Location of buffer strips, fences or screen walls, where required (check Unified Development Code for specific requirements). Indicate location and type of garbage service. Dimension turnaround area at dumpster location. A description of commonly held areas, if applicable. A written description of requested waivers or variances from any city requirement. Show required building setbacks. Provide a note on the plat of the current setback requirements for the subdivision. Preliminary grading and drainage plans and reports as required in the City Engineer's Office. (11) Other requirements. Any other data or reports as deemed n for project review by the Zoning and Development Administrator, City Engir Planning Commission. Signature block to certify approval of s drainage and utility easements. Signature block to certify approval of sewer system. Signature block to certify approval of b setback dimensions. Signature block certifying approval for recording. Signature block certifying approval of p dedication or money in lieu. Signature block certifying approval of u easements. Signature block certifying ownership, title and dedication. Signature block certifying survey and a (12) Easement Plat. x F X F x x x x -x x x x x x x x x x F x F x x X FX F treets, water Preliminary Final Concurrent Property Line Lot Large- Concept Scale , Plat Plat Plat Adj. Split Plat SIP, PZD ecessary X X X X X X X eer or X X I and F _ � uilding FFI - FFI X X ark land F � tility X X X Fl X ccuracy. X X X Large - Preliminary Final Concurrent Property Lot Scale, Concept Plat Plat Plat Line Split SIP, Plat Adt. PZD Prior to the issuance of a building permit for a large scale development, site improvement plan or planned zoning district an easement plat shall be filed of record in the office of the Circuit Clerk dedicating all required easements and rights -of -way. *All plats should meet or exceed the most current State of Arkansas Standards of Practice for Property Boundary Surveys and Plats. **SIP = Large or Small Site Improvement Plan ***PZD = Planned Zoning District (C) Signatures Required. The final plat or concurrent plat may be signed by any officer of the Planning Commission. (D) Number of Plats. The Planning Division may require additional copies of plats if the amount required by this chapter is not sufficient for distribution to the various committee members. Repeal and Replace § 166.04(B) Minimum Improvements by Application Type with the following: (B) Minimum Improvements by Application Type. The property owner/developer shall be responsible for constructing the following minimum improvements. (1) Property Line Adjustment or Exempted Properties of less than or equal to 1,200 square feet of impervious area. No improvements are required unless the action would create or exacerbate a nonconforming infrastructure situation such as cutting off a lot from public water, sewer, or street frontage. In such as case the property may not be filed of record until the required infrastructure is first constructed to city specifications, or a variance or waiver is granted by the Planning Commission. (2) Building Permit with no required grading review. a. Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. b. Water, Sewer, or Street Frontage. Any lot that is created shall have adequate street frontage or street access that meets the minimum requirements of the zoning code, and access to public water and sewer as required by city and state code. c. Grading and Storm Drainage System. The developer shall install Water Quality, Flood, and Tree Mitigation Measures after approval of the corresponding Grading and Drainage / Stormwater documentation found in Section 166.02(F) i. All drainage facilities shall be so designed to serve the entire drainage area per the specifications found in Chapter 170 and the current versions of the City's Drainage Criteria Manual. (3) Lot Split, Building Permit requiring grading review. (a) Dedication of Right -of -Way. Sufficient right-of-way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property into conformance with the right-of-way requirements of the Master Street Plan for said streets; provided, the Subdivision Committee or Planning Commission may recommend a lesser dedication in the event of undue hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council. (i) Dedications. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission/Subdivision Committee. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission/Subdivision Committee. (b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. (c) Water, Sewer, or Street Frontage. Any lot that is created shall have adequate street frontage or street access that meets the minimum requirements of the zoning code, and access to public water and sewer as required by city and state code. If a lot split would create or exacerbate a nonconforming situation (such as cutting off a lot from public water, sewer, street frontage, or street access), the lot split may not be filed of record until the required easement is dedicated and/or the infrastructure is first constructed to city specifications, or a variance or waiver is granted by the Planning Commission. (d) Parkland Dedication. Parks fees shall be assessed for each new residential unit that is constructed on the additional lot(s) in accordance with the parkland dedication requirements outlined in Fayetteville Unified Development Code Chapter 166. Said fees shall be paid prior to issuance of a building permit for construction on the new lot. (4) Preliminary/Final/Concurrent Plat, Large Scale Development, Large or Small Site Improvement Plan. (a) Dedication of Right -of -Way. (i) On -site. Sufficient right-of-way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property and new streets proposed interior to the property, into conformance with the right-of-way requirements of the Master Street Plan for said streets, shall be approved by the Planning Commission or Subdivision Committee; provided, the Planning Commission or Subdivision Committee may recommend a lesser dedication in the event of undue hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council. (ii) Council Acceptance of Streets and Alleys. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission/Subdivision Committee. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission/Subdivision Committee. (b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. (c) Streets. (i) On -Site. Widening the street adjacent to the project frontage and construction of all interior streets to meet Master Street Plan standards. Street grading, base, and paving according to existing city standards and specifications as adopted by the City Council. (ii) Off -Site. Street widening and/or new street construction off -site may be required to address traffic impacts based on the rough proportion and rational nexus of the impacts of the project. Street grading, base, and paving according to existing city standards and specifications as adopted by the City Council. Private Street Name Signs. Where a structure is addressed on a private street or drive, the developer or property owner(s) shall be required to install, maintain, repair and replace all private street name signs. Any private street name sign existing at the time of passage of this ordinance shall be maintained, repaired and replaced as required by this section. Signs shall meet the standards of the Manual on Uniform Traffic Control Devices (MUTCD) and shall be installed at all street/drive intersections. Unless approved otherwise, all signs shall be retroreflective and utilize a white legend on a green background. (d) Curbs and Gutters. (i) On -Site. Curbs and gutters adjacent to the project frontage according to existing city standards and specifications as adopted by the City Council. (ii) Off -Site. Curbs and gutters off -site may be required to address drainage and/or traffic impacts based on the rough proportion and rational nexus to impacts of the project. Curbs and gutters according to existing city standards and specifications as adopted by the City Council. (e) Traffic Signals. As determined to be needed based on the rough proportionality and rational nexus of the impacts of the development. (f) Sidewalks. (i) On -Site. Sidewalks shall be installed along the property street frontage and along new interior streets according to existing city standards and the Master Street Plan as adopted by the City Council. (ii) Off -Site. Sidewalks may be required to be installed off -site based on the rough proportionality and rational nexus of the impacts of the development. (g) Streetlights. Standard 8,000 lumen streetlights (or equal alternative approved by the Planning Division) shall be installed at each intersection or cul-de-sac and along one side of each street or cul-de-sac at intervals of no more than 300 feet; provided, streetlights of higher intensity may be required at intersections with collector streets or arterial streets. Developers are encouraged to utilize high -efficiency (LED or similar) streetlights where possible). (h) Grading and Storm Drainage System. (i) The developer shall install storm drainage facilities, including drains, sewers, catch basins, and culverts necessary for the proper drainage of all surface water. (ii) All drainage facilities shall be so designed to serve the entire drainage area per the specifications found in Chapter 170 and the current versions of the City's Drainage Criteria Manual. (iii) All surface water drainage shall be transported to existing storm sewers, drainage facilities, or natural drainage ditches approved by the City Engineer. (iv) The City Engineer shall approve all drainage features. (v) Culverts and Bridges. Culverts and bridges shall be installed where needed in accordance with existing Arkansas State Highway Department standards and specifications. (i) Water Supply. (i) Accessible Public Water Supply. When an approved public water supply is reasonably accessible, the developer shall install a system of water mains and shall connect to such supply so that each lot within the subdivision or development shall be provided with a connection to said public water supply. All connections shall be approved by the City Engineer. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street, if possible. (ii) Nonaccessible Public Water Supply. Where an approved public water supply is not reasonably accessible, any private water supply system proposed by the developer must be approved by the county sanitarian and the City Engineer in order to assure that the private water supply system will provide an adequate supply of potable water to every lot in the subdivision or development. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street, if possible. (iii) Fire Hydrants. Fire hydrants for single-family dwellings and duplexes shall be installed so that the distance between two consecutive fire hydrants does not exceed 800 feet, and no lot is more than 400 feet from a fire hydrant. Fire hydrants for apartment complexes, commercial structures, and industrial structures shall be installed so that the distance between two consecutive fire hydrants does not exceed 600 feet; provided, the Fire Chief shall have the authority to require additional fire hydrants upon a determination that such additional fire hydrants are necessary to provide adequate fire protection. The Fire Chief shall develop written criteria to be applied in determining whether additional fire hydrants shall be required. 0) Sanitary Sewer System. (i) Public Sanitary Sewer Accessible. Where a public sanitary sewer is reasonably accessible, the developer shall connect with such sewer, and each lot within the subdivision or development shall be provided with a connection thereto. All connections shall be subject to the approval of the City Engineer. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street if possible. (ii) Public Sanitary Sewer Not Accessible. Where a subdivision, lot split, or other development is proposed to utilize either individual septic systems or an onsite wastewater treatment system the following is required: (a) Lot Splits Resulting in Lots Less Than 1.5 acres. Prior to the City stamping the lot split document for approval, a letter from the Arkansas Department of Health is required verifying approval of soil tests and that the property could be developed with a septic system. (b) Prior to the city signing a final or concurrent plat a letter from the Arkansas Department of Health is required indicating approval of the overall plan for the utilization of either onsite wastewater systems or individual septic permits. (c) Existing septic systems, sewage disposal fields (leach fields), alternate disposal fields required by state law and water wells on -site or off -site within 100 feet shall be shown on all proposed subdivisions, lot splits, and development plans. (d) Community Sewage Systems. The construction of community sewage systems or decentralized sewer systems shall be prohibited within the City unless expressly permitted by resolution of the City Council. (e) Annexation of Community Sewage Systems. Where a community sewage system is annexed into the city, then the following shall apply: (1) Unconstructed Systems. The wastewater system shall be designed such that the entire collection system is a traditional -style gravity sewer system that carries all wastewater flow to centralized treatment facilities and shall meet city standards for design construction. The system must also be designed such that there is one single point of connection from which a future gravity connection can be made to the city sanitary sewer system when the latter becomes available. This connection shall be made at the expense of the owner of the decentralized wastewater system. (2) Constructed Systems. Systems constructed prior to annexation into the city must tie to the city sanitary sewer system when a city sanitary sewer main is constructed within 300 feet of the community sewage system and such main is reasonably available to the community sewage system. This connection shall be made at the expense of the owner of the decentralized wastewater system. (k) Trail Linkages/Corridor/Easements. The developer may be required to construct a trail linkage or corridor or grant a multi -use trail easement for trails shown on the Master Transportation Plan that abut, intersect, or traverse the project site, if it is determined that the improvements bear a rational nexus and rough proportionality to the needs created by the development. (1) Parkland Dedication. (i) Applicability. The requirements of this subsection shall apply to residential lot splits, subdivisions, large scale developments, planned zoning districts, large scale site improvement plans, and small scale site improvement plans; provided that these requirements shall not apply to a lot split or subdivision that does not create one (1) or more vacant lots on which a residential structure could be erected pursuant to the Unified Development Code. (ii) Residential Development. (a) Dedication or Fee -in -Lieu. When a proposed residential development does not provide an area or areas for a public park based on the Fayetteville Parks and Recreation Plan, the developer shall be required to make a reasonable dedication of land for public park facilities, or to make a reasonable equivalent contribution in lieu of dedication of land, such contribution to be used for the acquisition and development of park land that serves the subdivision or development. (b) Parks and Recreation Advisory Board. Prior to the submittal of a preliminary plat, large scale development plan, or large site improvement plan the developer shall submit to the Parks and Recreation Advisory Board a concept plat or plan. (c) Planning Commission. The developer and the Parks and Recreation Advisory Board shall make a joint recommendation to the Planning Commission as to the land dedication or contribution in lieu of dedication. In the event that they are unable to agree, the developer and advisory board shall make separate recommendations to the Planning Commission who shall determine the issue. (d) Decision. If the developer proposes to dedicate land for a public park after consultation with the Parks and Recreation Advisory Board which the Planning Commission determines is suitable for park purposes, the proposed dedication shall be accepted. Upon consent and consultation with the developer and the Parks and Recreation Advisory Board, a developer may dedicate a portion of the required park land dedication and make a contribution of money in lieu of land dedication for the remaining park land dedication requirement. With consent of the Parks and Recreation Advisory Board, this monetary contribution may be used to develop the park land in the development or elsewhere within the quadrant consistent with the Fayetteville Parks and Recreation Plan. (e) Approval. The Planning Commission's decision must be incorporated into the developer's preliminary plat, large scale development, or large site improvement plan prior to plat or plan approval. (f) Dedication Ratios. Land shall be dedicated at a ratio of 0.023 acres of land for each single-family dwelling unit and 0.020 acres of land for each multi -family dwelling unit. (g) Fee -in -Lieu formulas. A contribution in lieu of land dedication shall be made according to the following formula: $1,089.00 for each single-family unit. $952.00 for each multi -family unit based upon actual density. The Parks and Recreation Department shall review the contribution formula every two (2) years and make recommendations to the City Council following such review. (h) Dedication in Excess. If a developer wishes to dedicate park land which exceeds the requirement of this subsection, the developer shall make a written request to the Planning Commission who may grant the developer a credit equivalent to said excess. Said credit shall be applied toward the developer's obligation under this subsection for any subsequent development located in the same park quadrant. (iii) Timing of Dedication and/or Contribution. All dedications of land must be made before the city signs the final plat, or issuance of building permits for a large scale development or large site improvement plan. A final plat shall not be released for recordation until the deed for a land dedication is received. Deeded land is dedicated public park land and not subject to any right of reversion or refund. A cash contribution in lieu of required land development shall be payable before the city signing the final plat, or issuance of building permits for a large scale development or large site improvement plan. With the approval of the planning commission a developer may pay such contribution in three (3) equal installments to be paid in full within one (1) year of final plat approval. If a developer makes a cash contribution in lieu of land dedication, the developer shall be entitled to a pro rata refund, together with the accrued interest therefrom, in the event actual density is less than the density used as the basis for the developer's contribution; provided, no refund shall be made unless application therefore is made in writing to the Zoning and Development Administrator within one (1) year from the date of final plat approval. In the event actual density is more than the density used as the basis for a dedication of land or case contribution the developer must make an additional land dedication or contribution in lieu of dedication. (iv) Zoning Requirements. Lots created for the purpose of park land dedication shall not be required to meet the standards for lot size, bulk and area within any zoning district. Lots created for the purpose of park land dedication to serve the residents of the surrounding area shall not be subject to POA/HOA dues or other fees established for maintenance or other purposes within the neighborhood. (v) Fee -in -Lieu Allocation. All parkland fees received under this subsection shall be deposited in an interest bearing account. This money together with its earned interest shall be expended within five (5) calendar years of the last date of the calendar year in which it was received for the acquisition and/ or development of parkland that services the subdivision or development for which the contribution in lieu of dedication was made. If this money has not been expended within the allowed period, the unexpended money together with any of its remaining earned interest shall be refunded to the present owner of the property that was the subject of the new development and against which the parkland fee was assessed and collected. Repeal and Replace § 166.15(A) with the following. (A) Application. All applications for building permits shall be accompanied by plans in duplicate drawn to scale showing: (1) The actual dimensions and shape of the lot to be built upon; (2) The exact sizes and locations on the lot of any existing structures or impervious areas, if any. Impervious areas will be considered as existing only if they are in place prior to the effective date of this ordinance; (3) The location and dimensions of the proposed structures and any new impervious area or alteration; (4) Construction of between 1,201 and 10,000 square feet of impervious area on a single lot meeting the requirements of 166.02, including building additions, shall require additional reviews which may include, but is not limited to, grading and/or drainage review by engineering and tree preservation review urban forestry. (Reference §169.03, §166.02) (5) The location and dimensions of the proposed Green Stormwater Practices (GSPs) and / or Mitigation Measures, as described in the current Drainage Criteria Manual. (6) The application shall include such other information as lawfully may be required by the Zoning and Development Administrator, including: (a) Existing or proposed structures, alterations and impervious areas; (b) Existing or proposed uses of the building and land; (c) The number of families, housekeeping units, or rental units the building is designed to accommodate; (d) Conditions existing on the lot; and (e) Such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this chapter. Repeal and Replace § 166.20(A) with the following: (A) Applicability. The provisions of this section apply to all of the following plans and permits: (1) Preliminary plats; (2) Planned zoning district developments; (3) Conditional uses; (4) Large-scale developments; (5) Lot splits; (6) Physical alteration of land (grading) / storm water, drainage, and erosion control (drainage) permit; (7) Tree preservation plans; and (8) Floodplain development permits. Exhibit D Reseal and Replace 6 167.04(Al(111 with the followin "(11) Building Permits. Tree preservation requirements apply to all permit applications for developments of greater than 6,000 square feet of impervious area. An abbreviated tree preservation plan, asset forth in §167.04(H)(3), shall be submitted with the application for building permits on projects that are not required to go through the subdivision or large scale development process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved." Reseal and Replace 6 167.04(Al(121 with the followin "(12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree preservation plan or review from Urban Forestry. a. Persons seeking to construct 6,000 square feet or less of impervious area are specifically exempt from the provisions of this section except when the land is located within the Hillside/Hilltop Overlay District; then all the provisions of this ordinance shall apply. b. Structural changes to buildings located in the Hillside/Hilltop Overlay District that do not result in an enlargement of the building footprint or roof dripline shall not require an abbreviated tree preservation plan." Repeal and Replace 4 167.04(H)(3) with the following: (3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for between 6,001 to 10,000 square feet of impervious area that require building permits, grading, or parking lot permits, but that do not fall under the requirements for developments required to go through the development review process of Technical Plat Review Committee, Subdivision Committee and Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The information for an abbreviated tree preservation plan may be combined with the site plan, plat drawing, or grading plan. The applicant is expected to show the general location of all existing groups of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all areas to be graded, both on and off -site, as well as the proposed location of utilities. Protective measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before applying for any of the above -mentioned permits. The applicant should consult the City of Fayetteville Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated tree preservation plan. Exhibit E Repeal and Replace § 168.01(A) with the following: (A) The purpose of this Chapter is to promote the public health, safety and general welfare, to prevent adverse impacts from any floodplain development activities, and to minimize public and private losses due to flooding events in identified special flood hazard areas. This flood damage prevention code advances the stated purpose through provisions designed to: (1) Protect human life and health; (2) Protect natural floodplains against unwise development; (3) Eliminate adverse impacts of necessary floodplain development; (4) Protect, restore and maintain the chemical, physical, and biological integrity of the water resources; (5) Reduce pollutants in surface waters by filtering, settling, and transforming pollutants in runoff; (6) Stabilize the banks of streams to reduce erosion and the downstream transport of sediment and nutrients; (7) Maintain tree canopy to shade streams, reduce water temperatures, promote desirable aquatic organisms resulting in ecological integrity with improved fishing, greater scenic value and recreational opportunity; (8) Minimize expenditure of public monies on flood control projects; (9) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (10) Minimize prolonged business interruptions due to flooding events; (11) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in Special Flood Hazard Areas; (12) Minimize future flood blight areas to help maintain a stable tax base; (13) Provide for notice to potential buyers when property is in a special flood hazard area; (14) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. Repeal and Replace & 168.02 — Definitions with the following: 168.02 - Definitions See Section 151.01; additional definitions for floodplain management can be found at 44 CFR §59.1. Repeal and Replace § 168.05 — Administration with the following: 168.05 - Administration (A) Designation of the Floodplain Administrator. The Mayor, or his/her designee, is hereby appointed to act as the Floodplain Administrator. (B) Duties and Responsibilities of the Floodplain Administrator. It is the duty and responsibility of the Floodplain Administrator or his/her designee to: (1) Obtain accreditation each year as required by A.C.A. §14-268-106 through the state coordinating agency. (2) Administer and implement the provisions of this Code and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) as they pertain to floodplain management (3) Review applications for floodplain development permits to: (a) Evaluate proposed projects for reasonable safety from flooding; (b) Ensure that all other permits necessary (including Section 404 Wetlands Permits as required by the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) for proposed projects are obtained from the appropriate government agency prior to issuing a floodplain development permit; and (c) Ensure that proposed projects conform to the applicable provisions of this Code. (4) Approve or deny applications for floodplain development permits on the basis of: (a) The proposed development's compliance or non-compliance with the provisions of this Code; (b) The expected flood elevation, flood water velocity, flood duration, rate of rise and sediment transport of the floodwaters expected at the proposed development site; (c) The proposed development's potential to adversely impact life and property by changing flooding patterns, changing erosion rates, or being swept onto other lands by flood waters; (d) The proposed development's susceptibility to flood damage; (e) The proposed development's accessibility by ordinary and emergency vehicles during flooding events; (5) Interpret the exact location of the boundaries of special flood hazard areas whenever a mapped boundary appears to be different from actual field conditions. (The sole purpose of this interpretation is to determinate the applicability of the provisions of this Code to the proposed project.) (6) Notify adjacent communities and the state coordinating agency a minimum of sixty (60) days prior to any alteration or relocation of a watercourse and submit evidence of all such notifications to FEMA. (7) Ensure that the flood carrying capacity within an altered or relocated portion of a watercourse is not diminished, and that the alteration or relocation does not adversely impact any other lands. (8) Obtain, review and reasonably utilize, whenever the current Flood Insurance Study or current Flood Insurance Rate Map does not provide base flood elevation data, any base flood elevation data and floodway data available from any federal, state or other source. The Floodplain Administrator may obtain such data by requiring the applicant to submit it in conjunction with a floodplain development permit application. (The sole use of this data is the administration of the provisions of this Code.) (9) Inspect floodplain developments as necessary to ensure construction is in accordance with the application data that formed the basis for the decision to issue the floodplain development permit. (10) Issue certificates of compliance where applicable. (11) Maintain all records and documents pertaining to this Code for public inspection. Repeal and Replace § 168.06 — Establishment of Development Permit with the following: 168.06 - Establishment of Floodplain Development Permit A floodplain development permit is required for any proposed change to improved or unimproved real estate in a special flood hazard area for the purposes of ensuring compliance with the provisions of this Code and Title 44 Emergency Management and Assistance of the Code of Federal Register. Under 44 CFR Ch. I, Subchapter B, Subpart A —General §59.1 Definitions, this includes any development, or man-made change, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Repeal and Replace § 168.07 — Permit Procedures with the following: 168.07 - Permit Procedures (A) Application for a floodplain development permit shall be presented to the Floodplain Administrator electronically and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. (B) The documentation required with each application for a floodplain development permit, and the specific provisions of this Code applicable to the proposed development, are dependent upon the type of development proposed and the risk zone of the proposed development site. §168.10(A) contains standards for all developments in all risk zones. §168.11 contains standards for specific development types in specific risk zones. (C) The decision of the Floodplain Administrator to approve or deny issuance of a floodplain development permit is subject to appeal to the designated Appeal Board. Within Fayetteville, Arkansas the designated Appeal Board is the City Council. and Replace &168.10 — Provisions for Flood Hazard Reduction with the followi 168.10 - Provisions for Flood Hazard Reduction General Standards. The following standards apply to all developments in special flood hazard areas, regardless of the type of proposed development or the risk zone of the proposed site. (A) All new and substantial construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (B) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (C) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (D) All critical facilities constructed or substantially improved in special flood hazard areas (SFHA) must be constructed or modified to exceed five hundred (500) year flood protection standards or located outside the SFHA. (E) The placement or construction of all new structures must be in full compliance with the provisions of this Code. (F) For the purposes of this Code, all mixed -use structures are subject to the more stringent requirements of residential structures. (G) A substantial improvement or substantial damage to an existing structure triggers a requirement to bring the entire structure into full compliance with the provisions of this Code. The existing structure, as well as any reconstruction, rehabilitation, addition, or other improvement, must meet the standards of new construction in this Code. (H) Any improvement to an existing structure that is less than a substantial improvement requires the improvement, but not the existing structure, to be in full compliance with the provisions of this Code. (1) All manufactured homes to be placed within a special flood hazard area on a community's FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. Screw augers or expanding anchors will not satisfy the requirement of this provision. (J) The design or location of electrical, heating, ventilation, plumbing, and air conditioning equipment for new structures, or for any improvements to an existing structure, must prevent water from entering or accumulating within the components during base flood events by meeting the same freeboard or floodproofing requirements of the structure they serve. (K) The design of all new and replacement water supply systems must minimize or eliminate infiltration of floodwaters into the system during base flood events. (L) The design of all new and replacement sanitary sewage systems must minimize or eliminate infiltration of floodwaters into the system during flooding events and must prevent sewage discharge from the systems into floodwaters. (M) The placement of on -site waste disposal systems must avoid impairment to, or contamination from, the disposal system during base flood events. (N) Construction of basement foundations in any special flood hazard area is prohibited. (0) New construction and substantial improvements, with fully enclosed areas (such as garages and crawlspaces) below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are below the base flood elevation shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: 1. A minimum of two (2) openings on separate walls having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided. 2. The bottom of all openings shall be no higher than 1 foot above grade. I f t, MU) 1UU sq. Inches total 3. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (P) The placement of recreational vehicles (RV) in special flood hazard areas must either: 1. Be temporary, as demonstrated by the RV being fully licensed, being on wheels or a jacking system, attached to the site only by quick disconnect type utilities and security devices, having no permanently attached additions, and being immobile for no more than one hundred eighty (180) consecutive days; or else 2. Meet all provisions of this Code applicable to manufactured home structures. (Q) All proposals for the development of a residential subdivision, commercial business park or manufactured home park/subdivision must have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. (R) All proposals for the development of a residential subdivision, commercial business park or a manufactured home park/subdivision must include an adequate drainage plan to reduce exposure to flood hazards. (S) All proposals for the development of a commercial business park or a manufactured home park/subdivision must include an adequate evacuation plan for the escape of citizens from affected nonresidential structures during flooding events. (T) Standards for Subdivisions: Applications for preliminary, final, and/or concurrent plat approval shall: Identify the special flood hazards areas, including delineation of floodways and the elevation of the base flood. 2. All final plats shall provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood, the final pad elevation shall be verified by a registered professional engineer, or surveyor, and provided to the Floodplain Administrator. 3. To the extent practicable, lot boundaries shall be made to coincide with natural and pre-existing man-made drainage ways within subdivisions to avoid the creation of lots that can be built upon in only by altering such drainage ways. (See illustration: Figure 3). F':nnd Hp Lar' A Arar ln, t Tn To -hl ; Any lot platted so that a portion of the lot lies in a special flood hazard area shall contain a minimum of 6,000 square feet of buildable area, including setbacks, outside the special flood hazard area, or if it contains less than 6,000 square feet of buildable area, it shall be platted to contain a minimum of one (1) acre. Any lot platted so that the entire lot lies in a special flood hazard area shall contain a minimum of 1 acre. (See illustration: Figure 4) 4. For subdivisions partially located in special flood hazard areas, minimum lot area requirements may be waived by the director to allow the platting of lots to be clustered outside the special flood hazard area, the density permitted for the zoning district to be averaged over the entire parcel, provided a permanent conservation easement is granted to the city, a land trust, or the property owners association to ensure that the area of special flood hazard will remain undeveloped. 5. In any area that is located outside a special flood hazard area, but where a stream is located, no building or fill may be located within a distance of the stream bank equal to two and one-half (2'/2) the width of the stream measured from top of bank to top of bank, or 25 feet on each side, whichever is greater. 6. In all areas designated as a Zone A on the FIRM where a detailed study has not been completed to specify the floodway and base flood elevations, no development shall be located within the Zone A area. (i) Provided, the applicant may choose, if not required by other provisions of this chapter, to provide a detailed hydrologic and hydraulic study which delineates the floodway, one hundred (100) year floodplain boundary, and base flood elevations. At such time as a study is approved by FEMA, the applicant shall meet all requirements for areas designated with floodway, one hundred (100) year floodplain, and base flood elevations. (ii) If, for some reason, the property owner believes the FIRM to be inaccurate, a letter of map amendment may be submitted to FEMA by the applicant. If the boundaries of the floodplain are approved and amended by FEMA, setbacks will be enforced pursuant to the amendment. (U) Any new construction, addition or other development may be approved in a special flood hazard area only if: 1. The applicant has provided a detailed hydrologic and hydraulic study performed by a professional engineer licensed in the state of Arkansas which delineates the floodway, 1 % annual chance (100-year) floodplain boundary, and base flood elevations and demonstrates through a hydrologic and hydraulic analysis, that the development will not increase flood flows (0.0 cubic feet per second), flood heights (0.00 feet) or flood velocities (0.0 feet per second) on the subject property or any property upstream or downstream, and 2. The proposed development does not increase flood damage to off -site properties during the occurrence of the regulatory flood (1 % Annual Chance/100-year) or any flood of more frequent occurrence, and 3. The proposed development provides compensatory storage for any measurable loss of flood storage capacity. (V) Any structure, including but not limited to new structures, additions and substantial improvement, constructed on property fully or partially within the special flood hazard area (SFHA) shall meet the elevation or floodproofing requirements within 168.11 as applicable, even if the structure itself is located outside the SFHA. Repeal and Replace § 168.11 — Risk Zone Specific Standards with the following: 168.11 - Risk Zone Specific Standards In addition to the general standards, the following standards apply to specific development types in specific Risk Zones, except as revised in Section E of this Article. Risk Zones listed in this Code that do not appear on the current FIRM are not applicable. (A) In AE risk zones: special flood hazard areas with base floods determined: (1) For residential structures in Zone AE: (a) For all new residential structures, the top surface of the lowest floor and any mechanical equipment must have an elevation 2 feet or more above the published BFE. This elevation must be documented on an elevation certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas. (b) For all substantial improvements or substantial damage to existing residential structures, the entire structure becomes subject to the requirements of a new residential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing residential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new residential structure. (2) For nonresidential structures in Zone AE: (a) All new commercial, industrial or other nonresidential structures must either: (i) Have the lowest floor (including basement) and any mechanical equipment elevated 2 feet or more above the base flood level; or (ii) Be floodproofed such that, together with attendant utility, sanitary facilities and mechanical equipment, be designed so that below an elevation of 3 feet above the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (iii) A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify on a floodproofing certificate that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (b) For all substantial improvements or substantial damage to existing commercial, industrial or other nonresidential structures the entire structure becomes subject to the requirements of a new nonresidential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing nonresidential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new nonresidential structure. (3) For manufactured homes in Zone AE: (a) All manufactured homes that are placed or substantially improved on sites: (i) Outside of a manufactured home park or subdivision; (ii) In a new manufactured home park or subdivision; (iii) In an expansion to an existing manufactured home park or subdivision; or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated 2 feet or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (b) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision on the community's FIRM that are not subject to the provisions of §168.11(A)(3)(a) of this section be elevated so that either: (i) The lowest floor of the manufactured home and any mechanical equipment is 2 feet or more above the base flood elevation; or The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (iii) For all substantial improvements or substantial damage to existing manufactured home, the entire structure becomes subject to the requirements of a new manufactured home. (iv) For any reconstruction, rehabilitation, addition, or other improvement to an existing manufactured home that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new manufactured home. (c) Where FEMA has not established a regulatory floodway in Zone AE, no floodplain development permit may be issued unless a detailed engineering analysis is submitted along with the application that demonstrates the increase in base floodwater elevation due to the proposed development and all cumulative developments since the publication of the current FIRM will be less than 1 foot. (B) F000dways - High Risk Areas of Stream Channel and Adjacent Floodplain: (1) Developments in regulatory floodways are prohibited, unless: (a) A no -rise certificate, signed and stamped by a professional engineer licensed to practice in the State of Arkansas, is submitted to demonstrate through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed development would not result in any increase in flood levels within the community during the occurrence of a base flood event; or (b) All requirements of 44 CFR §65.12 are first met. (2) No manufactured home may be placed in a regulatory floodway, regardless of elevation height, anchoring methods, or no -rise certification. (C) In AH or AO Risk Zones - Special flood hazard areas of shallow flooding: (1) For residential structures in Zones AH or AO: (a) All new residential structures must be constructed with the top surface of the lowest floor and any mechanical equipment elevated 2 feet or more above the published BFE, or 2 feet above the highest adjacent grade in addition to the depth number specified (at least 2 feet if no depth number is specified) on the community's FIRM. This elevation must be documented on an elevation certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas. (b) For all substantial improvements or substantial damage to existing residential structures the entire structure becomes subject to the requirements of a new residential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing residential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new residential structure. (2) For nonresidential structures in Zones AH or AO: (a) All new commercial, industrial or other nonresidential structure must either: (i) Have the top surface of the lowest floor and any mechanical equipment elevated 2 feet or more above the published BFE, or 2 feet or more above the highest adjacent grade in addition to the depth number specified (at least 2 feet if no depth number is specified) on the community's FIRM, with documentation on an elevation certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas; or (ii) Be floodproofed such that the structure, together with attendant utility, sanitary facilities and mechanical equipment be designed so that below 3 feet or more above the published BFE in Zone AH, or 3 feet or more above the base specified flood depth in an AO Zone, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (b) For all substantial improvements or substantial damage to existing commercial, industrial or other nonresidential structures the entire structure becomes subject to the requirements of a new nonresidential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing nonresidential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new nonresidential structure. (3) For manufactured homes in Zones AH or AO: (a) All manufactured homes that are placed or substantially improved on sites: (i) Outside of a manufactured home park or subdivision; (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivision; or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation along with any mechanical equipment such that the lowest floor of the manufactured home is elevated 2 feet or more above the published BFE, or 2 feet or more above the highest adjacent grade in addition to the depth number specified (at least 2 feet if no depth number is specified) on the community's FIRM, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (b) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision on the community's FIRM that are not subject to the provisions of §168.11 (C)(3)(a) of this section be elevated so that either: (i) The lowest floor of the manufactured home meets the elevation standard of §168.11 (C)(3)(a)(iv); or The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) For all substantial improvements or substantial damage to existing manufactured home, the entire structure becomes subject to the requirements of a new manufactured home. (d) For any reconstruction, rehabilitation, addition, or other improvement to an existing manufactured home that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new manufactured home. (4) Where FEMA has not established a regulatory floodway in Zones AH or AO, no floodplain development permit may be issued unless a detailed engineering analysis is submitted along with the application that demonstrates the increase in base floodwater elevation due to the proposed development and all cumulative developments since the publication of the current FIRM will be less than 1 foot. (5) Require adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. (D) In "A" risk zones - Special flood hazard areas with no base flood elevations determined: (1) In Zone A, the applicant or the applicant's agent must determine a base flood elevation prior to construction. The BFE will be based on a source or method approved by the local Floodplain Administrator. (2) For residential structures in Zone A: (a) For all new residential structures, the top surface of the lowest floor and any mechanical equipment must have an elevation 2 feet or more above the BFE. This elevation must be documented on an Elevation Certificate properly completed by a professional engineer, surveyor or architect licensed to practice in the State of Arkansas. (b) For all substantial improvements or substantial damage to existing residential structures, the entire structure becomes subject to the requirements of a new residential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing residential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new residential structure. (3) For nonresidential structures in Zone A: (a) All new commercial, industrial or other nonresidential structures must either: (i) Have the lowest floor (including basement) and any mechanical equipment elevated 2 feet or more above the base flood level; or (ii) Be floodproofed such that, together with attendant utility, sanitary facilities and mechanical equipment, be designed so that below an elevation of 3 feet above the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (iii) A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify on a floodproofing certificate that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (b) For all substantial improvements or substantial damage to existing commercial, industrial or other nonresidential structures the entire structure becomes subject to the requirements of a new nonresidential structure. (c) For any reconstruction, rehabilitation, addition, or other improvement to an existing nonresidential structure that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new nonresidential structure. (4) For manufactured homes in Zone A: (a) All manufactured homes that are placed or substantially improved on sites: (i) Outside of a manufactured home park or subdivision; (ii) In a new manufactured home park or subdivision; (iii) In an expansion to an existing manufactured home park or subdivision; or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home and any mechanical equipment is elevated 2 feet or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (b) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision on the community's FIRM that are not subject to the provisions of §168.11(D)(4)(a) of this section be elevated so that either: (i) The lowest floor of the manufactured home is 2 feet or more above the base flood elevation; or (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) For all substantial improvements or substantial damage to existing manufactured home, the entire structure becomes subject to the requirements of a new manufactured home. Slob kvsrnt�i". [. i�li.nrs EI-1— sn — p. ....v .7 _e the — .1 the r. -- 1.— -1— (d) For any reconstruction, rehabilitation, addition, or other improvement to an existing manufactured home that is less than a substantial improvement, only the improved area, but not the entire structure, becomes subject to the requirements of a new manufactured home. (5) Base flood elevation data and a regulatory floodway, utilizing accepted engineering practices, shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than fifty (50) lots or 5 acres, whichever is lesser, if not otherwise provided. Repeal and Replace § 168.12 — Streamside Protection Zones with the following: 168.12 - Streamside Protection Zones (A) Streamside Best Management Practices Manual. The City of Fayetteville's Streamside Best Management Practices Manual, which may be administratively changed by the City Engineer, shall be used in support of this chapter to explain specific objectives and principles. (B) Applicability. This ordinance shall apply to all land within the streamside protection zones. (C) Establishment of Designated Surface Waters. The streamside protection zones shall apply to all surface waters meeting any one of the following criteria: (1) All surface waters identified on the adopted Protected Streams Map (which may be administratively amended by the City Engineer to reflect applicable surface waters within annexed areas), including any pond, lake or reservoir located within the natural drainage way of said surface water; or (2) Any surface water where a floodway has been established by the Federal Emergency Management Agency (FEMA). (3) Surface waters that would have otherwise been protected, but were outside the City Limits when Ordinance No. 5390 was adopted on March 1, 2011, shall be automatically included as designated surface waters within the requirements of §168.12 Streamside Protection Zones upon the annexation into Fayetteville of the property on which the surface waters are located (D) Streamside Protection Requirements. The streamside protection zones shall be established as follows: (1) Zone 1: Waterside Zone. The waterside zone shall extend a minimum of 25 feet landward from the top of bank in each direction, measured horizontally on a line perpendicular to the top of bank and includes the surface water. (a) Steep Slope. Slope shall be calculated at the upstream and downstream property lines for every property. Properties with more than 100 feet of stream frontage shall require additional slope calculations at 100-foot increments, beginning at the upstream property line and ending at the downstream property line. When slope calculations are equal to or greater than 15%, the width of the waterside zone shall be extended by an additional 20 feet at that point. The boundary width determined at each designated slope measurement point shall be connected by a continuous line to form the boundary of the waterside zone (illustrations available in the Best Management Practices Manual). (2) Zone 2: Management Zone. The management zone shall begin at the outer edge of the Waterside Zone and extend landward 25 feet as measured horizontally on a line perpendicular to Zone 1. The combined width of Zones 1 and 2 shall be no less than 50 feet from the top of bank on all sides of the surface water. (a) Floodway. Where the floodway extends beyond the edge of the management zone boundary, said boundary shall be adjusted so that the zone consists of the extent of the floodway as designated by the most recently adopted FEMA Flood Insurance Rate Map (FIRM). (3) Piped Streams. When reviewing any development, grading or building permit application, the City Engineer may determine that normal streamside protection regulations shall not be applicable to that portion of a stream that has been piped or enclosed within a culvert or similar conduit prior to the adoption of this ordinance. (4) Daylighting. Streams enclosed prior to the effective date of this ordinance and subsequently daylighted shall only require a 5-foot setback measured from the established top of bank. Daylighted streams shall be maintained in a natural state by the property owner, who shall also be responsible for monitoring and controlling trash, litter and pollutants. (E) Regulated Uses, Structures and Activities Within the Streamside Protection Zones. (1) The following are permitted within the designated streamside zone, subject to the requirements of this section, the Flood Damage Prevention Code, and all applicable requirements of the City of Fayetteville. Where a use is not listed, but is similar to a permitted use and is in keeping with the purpose of the streamside protection zones, the City Engineer may determine the use to be allowed. All other uses shall be prohibited. (a) Zone 1: Waterside Zone. The following may be permitted in the waterside zone, provided the standards of the Streamside Best Management Practices Manual shall be followed where applicable and that these uses and any necessary construction is designed and built to minimize the impact upon streamside areas and minimize any excavation or filling that will only be allowed by express authorization of the City Engineer. All construction, grading, excavation or filling must also fully comply with all necessary local, state and federal permits. (i) Open space uses that are primarily passive in character including: preserves, fishing areas and docks, parkland, and natural trails. (ii) Streambank restoration or stabilization. (iii) Water quality monitoring, education and scientific studies. (iv) Revegetation and reforestation. (v) Dam maintenance. (vi) Paved trails or other impervious surfaces not exceeding 12 feet in width when the City Engineer determines that there is no practical and feasible alternative. Such area may not be used to park vehicles. (vii) Stream crossings, including driveways, roadways, trails, or railroads when the City Engineer determines there is no practical and feasible alternative. (viii) Maintenance and upgrades of existing utility facilities. (ix) New utility facilities when the City Engineer determines there is no practical and feasible alternative. (x) Management of lawns and gardens. (xi) Removal of dead vegetation, pruning for reasons of public safety, removal of invasive species. (xii) Application of any fertilizer, herbicide, pesticide, or insecticide shall be allowed only if their harmful effect on water quality is prevented by ensuring no over -application or misapplication occurs. (xiii) Maintenance of drainage capacity in the channel including tree and sediment removal. (xiv) New stormwater conveyances when the City Engineer determines that there is no practical and feasible alternative. (b) Zone 2: Management Zone. (i) New stormwater conveyances when the City Engineer determines that there is no practical and feasible alternative and provided the standards of the Streamside Best Management Practices Manual shall be followed. (ii) All uses within the waterside zone with the exception of stormwater conveyances, provided that compliance with the standards of the Streamside Best Management Practices Manual are not required but encouraged. (iii) Accessory structures without a foundation and no larger than 150 square feet, including storage sheds, playground equipment, gazebos, decks, etc. (iv) Active recreational uses. (2) Establishment of the following uses/activities after the effective date of this ordinance shall be prohibited in both streamside protection zones, except where necessary to allow an activity permitted by Section (E)(1). (a) Grading, dredging, dumping, filling, or similar construction activities. (b) Landfills, junkyards, salvage yards. (c) Clearing of non-invasive woody vegetation. (d) Storage of hazardous materials or chemicals unless within waterproof containers and within a structure. (e) Parking lots. (f) Buildings and accessory structures with a building footprint larger than 150 square feet. (g) Parking or storage of motor vehicles. (h) Septic systems and/or lateral lines. (i) In -ground pools. 0) Animal feedlots or kennels. (k) Housing, grazing or other maintenance of livestock. (1) Land application of biosolids. (F) Existing Land Use Exemptions. The following activities and structures are allowed to continue within the streamside protection zones, provided that the provisions of the Flood Damage Prevention Code and all other applicable regulations shall be enforced. (1) Existing Uses. Existing uses shall be permitted to continue in their present state, but may not be enlarged, extended, or moved within the streamside protection zones. A use or activity shall be existing if it is present and ongoing within the streamside protection zones as of the effective date of this ordinance or the effective date of annexation for areas outside the City Limits when Ordinance No. 5390 was adopted on March 1, 2011. Uses and activities cease to be existing under the following conditions: (a) Agricultural and Animal Husbandry Activities. The activities cease to be existing when the area on which they were conducted has been converted to a nonagricultural use or has lain idle for more than eighteen (18) consecutive months. (b) All Other Uses. This ordinance shall apply when an existing use is converted to another use. (2) Existing Principal Structures. (a) Reconstruction Within Existing Footprint. Existing principal structures as of the effective date of this ordinance may be redeveloped or reconstructed within the same footprint. (b) Minor Alterations. Minor alterations or additions to an existing structure, such as an awning or deck, shall also be permitted, provided the modifications do not extend more than 10 feet further toward the surface water than the original foundation of the principal structure, and do not extend into the waterside zone. (c) Berm to Prevent Flooding. If a principal structure has suffered flooding from a stream, the owner may construct a berm to protect the principal structure if approved by the City Engineer as to the berm's location, size and composition. Revegetation of the disturbed area and berm shall be in accordance with the Best Management Practices Manual. (3) Emergencies. Actions taken under emergency conditions, either to prevent imminent harm or danger to persons, or to protect property from imminent danger of fire, violent storms, or other hazards. (G) Development Application Procedures. (1) All persons required to submit an application pursuant to Chapter 166 of the City's Unified Development Code shall also show the location and type of surface water, the top of bank, Zone 1: Waterside Zone and Zone 2: Management Zone boundaries, and slope, when any portion of the property being developed falls within the streamside protection zones. The same shall also be identified for building, moving, demolition and grading permits. (2) An applicant may request that the city's Floodplain Administrator perform a site visit to view conditions on site with the applicant to assist in making a determination of top of bank location and widths of the waterside zone and management zone. (3) A final determination of any boundary shall be made by the City Engineer or designated representative, where there is question as to its location or width. (H) Streamside Protection Measures and Construction. (1) Prior to any land clearing or soil disturbing activity, the streamside protection zone boundaries shall be clearly delineated on site by the applicant, and such delineation shall be maintained throughout construction activities. (2) A site inspection followed by periodic inspections during construction will be conducted by the City Engineer or designated representative to ensure compliance with the streamside protection zone ordinance. (3) Streamside protection zones shall be protected from construction activity except where necessary to allow an activity permitted by Section (E)(1). To prevent impacts, construction vehicle access is prohibited in the streamside protection zones except at permitted crossings. Storage of construction vehicles, materials, debris, spoils or equipment is prohibited in the streamside protection zones. Before commencing any construction activity, the applicant shall install silt fencing on the site at the outer edge of the management zone or as directed by the City Engineer. The City Engineer may require other protective measures based upon the individual characteristics of the site and the proposed construction methods. If the required barriers surrounding the streamside protection zones are not adequately maintained during construction, the City Engineer shall prescribe remedial measures, and may issue a stop work order in accordance with §153.07. All remedial measures shall be completed within the specified amount of time and shall be considered prior to granting final plat approval or issuing a certificate of occupancy. Exhibit F Repeal and Replace § 169.03 —Permits Required/Exceptions with the following: 169.03 — Review and/or Permits Required; Exceptions (A) Grading Review Required. (Reference §166.02(E)) (1) When located within the Hillside/Hilltop Overlay District boundaries. Parcels of land divided by the Hillside/Hilltop Overlay District boundary shall only be subject to the requirements of this chapter on that portion of land lying within the boundary (2) Construction of greater than 1,200 square feet of impervious area on a single site; (B) Grading Permit Required. Unless exempted by §169.03(C), all grading, clearing, filling, excavation, or land alteration of any kind shall require: (1) Prior development approval as specified in Chapter 166, except for general grading to an existing developed site that does not impact trees or floodplains and does not significantly alter the natural landform; (2) Construction of new impervious area greater than 10,000 SF (3) A grading permit pursuant to this chapter; and (4) An Arkansas Department of Environmental Quality Stormwater Construction Permit and incorporated Stormwater Pollution Prevention Plan, if required by state law. (C) Exceptions to Permit Requirements. Grading permits are not required for the following however the Minimum Erosion Control Requirements in §169.04 still apply: (1) Excavation Below Finish Grade. Excavations below finished grade for basements, swimming pools, hot tubs, septic systems, retaining walls under 4 feet in height, and like structures authorized by a valid building permit. (2) Cemetery Graves. Cemetery graves. (3) Refuse Disposal. Refuse disposal sites controlled by other regulations. (4) Other minor fill, clearing or grading for maintenance purposes such as landscaping that do not require the use of heavy construction equipment, French Drains, yard grading, maintenance, farming, gardens, and similar activities. (D) Grading Permit Application and Approval. No grading permit shall be issued until the Grading and Erosion & Sediment Control Plan, endorsed by an architect, landscape architect, or engineer licensed in the state of Arkansas, is approved by the City Engineer. A separate permit shall be required for each site. Grading permits may be issued jointly for parcels of land that are contiguous, so long as erosion control measures are in place until project completion. Any application for a required grading permit under this chapter shall be submitted concurrently with the application and calculations for a drainage permit if such a drainage permit is required by §170.03. Tree Preservation and Protection is required in accordance with Chapter 167. (E) Permit Posted. A copy of the grading permit cover page shall be posted at or near the street right-of-way line and shall be clearly visible from the street. Repeal and Replace 6 169.04 Minimum Erosion Control Requirements with the following: 169.04 - Minimum Erosion Control Requirements If exempt under §169.03, a grading permit is not required. However, exempt as well as non-exempt activities shall be subject to the following minimum erosion and sedimentation control measures. (A) The City Council hereby adopts by reference the Drainage Criteria Manual, prepared for the City of Fayetteville, and adopted by Ordinance No. 5702 of the City of Fayetteville and as may be amended from time to time by the City Engineer. All minimum erosion and sediment control standards contained therein shall have the same force and effect as if printed word for word in this chapter. Development projects also must comply with their Arkansas Department of Environmental Quality general construction permit. All projects shall follow Chapter 8, Construction Site Stormwater Management, of the Drainage Criteria Manual as well to achieve site compliance. (B) Stabilization. A record of the dates when grading activities occur, when construction activities temporarily or permanently cease on a portion of the site, and when stabilization measures are initiated shall be included in the erosion and sediment control plan. Except as provided in (1) and (2) below, stabilization measures shall be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than fourteen (14) days after the construction activity in that portion of the site has temporarily or permanently ceased. (1) Where the initiation of stabilization measures by the fourteenth day after construction activity temporarily or permanently ceases is precluded by snow cover, stabilization measures shall be initiated as soon as practicable. (2) Where construction activity will resume on a portion of the site within twenty-one (21) days from when activities ceased, (e.g. the total time period that construction activity is temporarily ceased is less than twenty-one (21) days) then stabilization measures do not have to be initiated on that portion of the site by the fourteenth day after construction activity temporarily ceased. (3) Stabilization practices may include: temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, and preservation of mature vegetation and other appropriate measures. See Chapter 167 of the UDC for tree protection requirements. (C) Intermittent/Perennial Streams. Grading activities will meet the Streamside Protection Requirements found in Section 168.12 - Streamside Protection Zones. Fording of streams with construction equipment or other activities which destabilize stream banks shall not be permitted. In instances where streams are not protected under 168.12, no intermittent or perennial stream, including a 25-foot perimeter strip measured from the top of the bank, shall be graded, developed, channeled, or physically altered unless adequate guarantees are made for erosion and sedimentation control both during construction and post construction. Likewise, cuts or fills shall be setback sufficiently from intermittent and perennial streams and other stormwater drainage systems to guarantee that there will be no damage from erosion or sedimentation. Final erosion and sedimentation control measures shall be approved by the City Engineer. (D) Excavation Material. Excavation material shall not be deposited in or so near streams and other stormwater drainage systems where it may be washed downstream by high water or runoff. All excavation material shall be stabilized immediately with erosion control measures. Repeal and Replace § 169.06(F)(2) Phased Construction in § 169.06 Land Alteration Requirements with the following: (2) Phased Construction. The area of disturbance onsite at any one time shall be limited to 10 acres. An additional 10 acres (a maximum of 20 acres of disturbance at any one time) may be stripped with the permission of the City Engineer in order to balance cut and fill onsite. No additional area may be open without the permission of the City Engineer until the previously disturbed areas have been temporarily or permanently stabilized. Repeal and Replace § 169.07 — Grading Plan Specifications with the following: 169.07 - Grading Plan Specifications (A) Grading Plan. The applicant shall prepare a grading plan for all developments of greater than 6,001 square feet of impervious area as follows: (1) Site Plan. Site plan showing property lines; vicinity map; name of owner, developer and adjacent property owners. (2) Existing Grades. Existing grades shall be shown with dashed line contours and proposed grades with solid line contours. Grading plans shall be required to show both the proposed grade and the undisturbed area. Contour intervals shall be a maximum of 2 feet. Spot elevations shall be indicated. (3) Designation of Grade. Areas with 0 to 10%, 10 to 15%, 15 to 20% and more than 20% grade shall each be identified in a distinguishing manner. (4) Identify Land to Be Disturbed. Land areas to be disturbed shall be clearly identified. (5) Engineer/Architect. Seal of an Arkansas registered engineer or landscape architect certifying that the plan complies with this chapter. (6) Cuts and Fills. All cuts and fills, including height and slope, shall be clearly shown on the plan. (7) Streets and Rights -of -Way. Location and names of all existing or platted streets or rights -of -way within or adjacent to tract and location of all utilities and easements within or adjacent to the property shall all be indicated. (8) Lot/Building, Etc., Identification. The proposed location of all impervious areas, including but not limited to buildings, streets and parking lots, shall be indicated as well as parks, playgrounds or green space. Any existing or proposed building within 100 feet of the site boundary shall be indicated. (9) Natural Features. Location of natural features such as drainage ways, ponds, rock outcroppings, wetlands and tree cover. Indication of 100 year floodplains as defined by FEMA. (10) Streets and Drainage Ways. Profiles and cross sections for proposed streets and drainage ways. (11) Acreage. Total project acreage, temporary disturbed area and permanent impervious area. (12) Surface Water. Provisions for collecting and discharging surface water in accordance with the Drainage Criteria Manual. (13) Underground Utilities. Profiles and cross sections of streets, drainage systems, and underground utilities, if they are necessary to clarify the grading plan in terms of potential erosion or runoff, or if the grading on site has the potential of disturbing the utility line. (14) Treatment of Slopes and Benches. The method of treatment for all slopes and benches shall be indicated, including final cover type. (15) Natural Vegetation Preservation. Proposals for preserving natural vegetation and description of re -vegetation or other permanent erosion control strategy. (16) Runoff/Sedimentation. Specification of measures to control runoff and sedimentation during construction indicating what will be used such as silt fences, silt dams, rock check dams, lateral hillside ditches, catch basins, and the like. (17) Preliminary Plat Master Build -Out Grading Plan. The applicant shall prepare a master grading plan to be followed during individual lot development to convey runoff to a public drainage easement or right of way. The following shall be required for individual lot drainage design: (a) Identify lot lines and conceptual foot print of residence. (b) Indicate individual lot drainage with the use of contours and flow arrows or other indications of direction of drainage. (i) In general, drainage should be routed on the shortest practicable flow path to the public right-of-way or drainage easement. (c) Nonstructural grassed swales for rear lot drainage concentration is discouraged and shall not be installed in combination with a utility easement. (d) Right-of-way, utility easements and drainage easements shall be graded and shaped in accordance with the master build out grading plan during preliminary plat construction. (i) Utility easements adjacent to the right-of-way shall be no steeper than 15%. (ii) Provisions will be considered to accommodate positive drainage until build -out occurs. (6) Preliminary Grade Plan. The preliminary grading plan shall have adequate detail for review. Exhibit G Enact New § 169.14 — Stormwater Discharges from Construction Activities as follows: 169.14 - Stormwater Discharges from Construction Activities (A) Purpose. The purpose of this section is to provide for the reduction of pollutants to the City's MS4 as required by its National Pollutant Discharge Elimination System (NPDES) permit. (B) General Requirements for Construction Sites. (1) Construction Site. A construction site is a site with activity that would result in the creation of a new stormwater management system, including the building, assembling, expansion, modification, or alteration of the existing contours of the property; the erection of buildings or other structures, any part thereof; or land clearing. (2) Owner Responsibility. The owner of a site of construction activity shall be responsible for compliance with the requirements of this chapter. (3) Erosion and Sediment Control. Best Management Practices (BMPs) shall be implemented to prevent the release of airborne dust and waterborne sediment from construction sites. Disturbed areas shall be minimized, disturbed soil shall be managed, and construction site entrances/exits shall be managed to prevent sediment tracking. Streets and storm inlets must be kept clean at all times and free of loose rock, mud, debris and trash. Specific inlet protection measures may be necessary, as long as they do not interfere with vehicular traffic. Mud on streets must be physically removed and not washed into inlets. (4) Debris, Mud, and Soil in Public Streets. All necessary modifications to stormwater best management practices should be immediately implemented in order to prevent further track -out. Debris, mud and soil shall not be allowed on public streets but if any debris, mud, or soil from development sites reaches the public street it shall be immediately removed via sweeping or other methods of physical removal. (a)Debris, mud, or soil in the street may not be washed off the street or washed into the storm drainage system. Storm drainage systems downstream of a development site should be protected from debris, mud, or soil in the event that debris, mud, or soil reaches the drainage system. (b)Use of a power broom or mechanical sweeper on a regular basis is not allowed as an acceptable BMP for keeping Debris, Mud and Soil off Public Streets unless equipped with water and vacuum capabilities. (5) Construction Sites Requiring Storm Water Pollution Prevention Plans. Erosion and sediment control systems must be installed and maintained per a state approved Storm Water Pollution Prevention Plan (SWPPP) before the beginning of construction and until slope stabilization and/or vegetation is established. For sites between 1 and 5 acres, the SWPPP and Notice of Coverage (NOC) must be onsite at all times. For sites over 5 acres, the SWPPP and NOC must be onsite at all times. The site owner bears responsibility in accordance with the Arkansas Department of Environmental Quality standards and general permit. (6) Construction Exits. A stabilized rock exit is required on construction sites. If track out becomes an issue, the City may also require tire wash down areas or other measures to prevent track out. (7) Concrete Truck Wash Areas. No washing of concrete trucks or chutes is allowed except in properly located and constructed concrete wash pits. Proper runoff and erosion controls must be in place to retain all concrete wash water. (8) Dewatering. All rainwater pumped out of sumps and depressions on construction sites should be clear and free of sediment. BMPs such as dewatering bags and dewatering into vegetated areas shall be utilized at all times. (9) Storage of Materials. Public streets and sidewalks shall not be used for temporary storage of any containers or construction materials, especially loose gravel and topsoil. In addition to on -street storage being a violation of this chapter, all liability for any accidents and/or damages due to such storage will be the responsibility of the owner of the stored materials. (10) Dirt and Topsoil Storage. All storage piles of soil, dirt or other building materials (e.g. sand) shall be located more than 25 feet from a roadway, drainage channel or stream (from top of bank), wetland, and stormwater facility. Topsoil piles surfaces must be immediately stabilized with appropriate stabilization measures. (11) Franchise and Private Utilities. The property owner or main contractor onsite will be responsible for restoring all erosion and sediment control systems and public infrastructure damaged or disturbed by underground private or franchise utility construction such as water and sewer service leads, telephone, gas, cable, etc. Erosion and sediment control systems must be immediately restored after each utility construction. (12) The landscape of erosion control features shall be maintained until completion of construction. Exhibit H Repeal and Replace Chapter 170 -Stormwater Management, Drainage and Erosion Control with the following: CHAPTER 170 — STORMWATER MANAGEMENT AND DRAINAGE 170.01 - Intent (A) Intent. It is the intent of this chapter to protect, maintain, and enhance the health, safety, and general welfare of the citizens of the City of Fayetteville by: (1) Preventing increases in the magnitude and frequency of stormwater runoff to prevent increases in flood flows and associated hazards and costs. (2) Controlling soil erosion and sedimentation to minimize soil deposition in streams and other receiving water bodies and storm drainage systems. (3) Requiring surface and stormwater management practices that comply with requirements of this chapter. (4) Promoting the development of stormwater facilities that are aesthetically desirable. (B) Findings of Fact. The City Council finds that uncontrolled stormwater runoff from developed land adversely affects the public health, safety, and welfare because: (1) Impervious Surfaces/Runoff. Impervious surfaces increase the quantity and velocity of surface runoff, which reduces percolation of water through soil and increases erosion and flooding. (2) Collection and Conveyance of Stormwater. Improper stormwater collection and conveyance adversely affects property and increases the incidence and severity of flooding, which can endanger property and human life. (3) Erosion. Increased erosion leads to sedimentation in stormwater management systems, which decreases the system's capacity (4) Future Problems. Many future problems can be avoided if land is developed in accordance with sound stormwater runoff management practices. (5) Limited Jurisdiction. As a non-traditional, or regulated, MS4, the University of Arkansas' Fayetteville campus is permitted by ADEQ to administer its own stormwater management program upstream and physically inter connected to the City's MS4. 170.02 - Adoption of Drainage Criteria Manual The City Council hereby adopts by reference the Drainage Criteria Manual, prepared for the City of Fayetteville, and adopted by Ordinance No. 5702 of the City of Fayetteville, and as may be amended from time to time by the City Engineer. All technical procedures and design standards contained therein shall have the same force and effect as if printed word for word in this chapter. 170.03 - Permits Required (A) Applicability. This chapter shall apply to all land within the corporate limits of the City of Fayetteville. No person may subdivide and develop, change to a more intensive land use, construct or reconstruct a structure, or change the size of a structure, or conduct grading, clearing, or filling activities without first obtaining a stormwater management, drainage and erosion control permit (hereinafter referred to as a "drainage permit") from the city, except as specified in §170.03 (C) and §170.03 (D) below. (B) Permit Application. Any application for a drainage permit shall be submitted to the City Engineer using appropriate forms as provided by the city for review, processing, and approval. The drainage permit application shall be submitted as part of the application for a grading permit, if such grading permit is required by §169.03. A permit application shall contain sufficient information and plans to allow the City Engineer to determine whether the project complies with the requirements of this chapter. The specific items to be submitted for a permit application shall be in the form and follow the procedures as described in the Drainage Criteria Manual, Section 1.4, Drainage Report Template and Checklist. The City Engineer shall make the final determination regarding detention. (1) Fee. A nonrefundable permit application fee shall be paid when the application is submitted to help cover the cost of the plan review, administration and management of the permitting process and inspection of project implementation and operation (separate from the Physical Alteration of Land fee). (2) Issuance. If the City Engineer determines that the permit application submittal is in compliance with all provisions of this chapter, a permit may be issued. If the City Engineer determines that the permit submittal does not conform with all provisions of this chapter, permit issuance may be denied and a written statement as to the reasons for the denial shall be provided to the applicant. (C) Project not Requiring Detention. Any project that requires a drainage permit that does not require detention must submit documentation to this effect to the City Engineer. After review and approval of the City Engineer, a grading permit may be issued prior to issuance of the drainage permit. (D) Any grading permit and/or drainage permit issued shall be subject to the following: (1) Insufficient or Incomplete Drainage Permit Application. If the drainage permit application, including the required calculations, is determined by the City Engineer to be insufficient or incomplete, it shall be revised and resubmitted by the applicant within four (4) weeks of receipt of written notice of insufficiency or incompleteness. (2) Deadline for the Revised Application or Insufficient or Incomplete Revisions. If a revised application is not submitted within four (4) weeks of receipt by applicant of the written notice of insufficiency or incompleteness a stop work order for all grading on the project shall be issued by the City Engineer. A stop work order for all grading on the project shall be issued by the City Engineer if the revised application is determined by the City Engineer to be still insufficient or incomplete. However, the City Engineer may delay issuance of the stop work order if the City Engineer determines that the applicant has demonstrated prior to the deadline that circumstances not reasonably foreseeable and beyond the applicant's reasonable control prevented his timely resubmission of a sufficient and complete revised drainage permit application. (3) Stabilization and Revegetation After Stop Work Order. If a stop work order is issued pursuant to §170.03 (C) (2), the applicant shall stabilize and revegetate all graded and otherwise disturbed areas as set forth in the Drainage Criteria Manual. (4) Termination of Stop Work Order. Any stop work order issued pursuant to §170.03(C)(2) shall expire upon the issuance of a drainage permit and compliance with any conditions contained in the drainage permit. (E) Exceptions Where No Drainage Permit is Required. Drainage permits are not required for the following activities unless the Project is otherwise covered under this UDC or occurs upstream of a known public flooding problem: (1) New developments, redevelopments or additions that create less or equal to 10,000 square feet of new impervious area. See Section 170.09 for building permit submittal requirements. (2) Lots that are part of a Larger Development. One (1) project built on an individual lot that is part of a larger development that has been issued an approved drainage control permit when the proposed project is demonstrated to be in compliance with the overall drainage permit. (3) Existing Non-residential. Existing nonresidential structure where the additional impervious area is less than 10,000 square feet. See Section 170.09 for building permit submittal requirements. (4) Maintenance. Maintenance or clearing activity that does not change or affect the quality, rate, volume, or location of stormwater flows on the site, or runoff from the site. (5) Agriculture. Bona fide agricultural pursuits, for which a soil conservation plan has been approved by the local Soil and Water Conservation District. (6) Emergency. Action taken under emergency conditions, either to prevent imminent harm or danger to persons, or to protect property from imminent danger of fire, violent storms, or other hazards when determined to be necessary by the City Engineer. (F) Compliance with Chapter Provisions. Although a specific permit is not required for these particular circumstances, this exception does not exempt the owner/developer/builder from complying with the provisions of Chapter 169. Physical Alteration of Land. 170.04 — Off -Site Stormwater Management Improvements (A) Off -Site Improvements. If it is determined that offsite drainage improvements are required, and that such specific off - site drainage improvements are consistent with the city's current and established priorities, then cost sharing will be in accordance with "Required Off -site Improvements." If the city is unable, or unwilling, to contribute its share of the off -site costs, the developer shall have the option of: (1) Developer's Expense. Building the off -site improvements at their own expense; (2) Detention. Providing detention so as to match downstream capacities; or (3) Delay Project. Delaying the project until the city is able, or willing, to share in the off -site costs. 170.05 - Performance Criteria (A) Drainage Criteria Manual. The technical procedures and design standards contained in the Drainage Criteria Manual, adopted by §170.02 of this chapter and as may be amended from time to time by the City Engineer, shall be used to determine compliance with the performance criteria established by this chapter. (B) Performance Criteria. Except as otherwise provided in this chapter, a development must be designed, constructed, operated, and maintained to comply with the following stormwater sizing performance criteria. Each minimum standard is intended to be used in conjunction with the others to address the overall stormwater impacts from a development site. Supporting technical detail can be found in the Section 2.1 of the Drainage Criteria Manual (DCM): (1) Minimum Standard #1 - Water Quality. Reduce the average annual post -development total suspended solids (TSS) loadings from increased impervious areas either by TSS Reduction Method or the Runoff Reduction Method (RRM). (2) Minimum Standard #2 - Channel Protection. Provide extended detention to reduce flows and protect downstream channels from erosive velocities and unstable conditions. Post -development flows shall not exceed the predevelopment flows. (3) Minimum Standard #3 - Overbank Flood Protection. Provide peak discharge control of the storm events noted in the DCM such that the post -development peak rate does not exceed the predevelopment rate. (4) Minimum Standard #4 — Extreme Flood Protection. Provide peak discharge control such that the post - development peak rate does not exceed the predevelopment rate. (5) Better Site Design and Green Stormwater Practices, as described in the Drainage Criteria Manual, to attenuate lesser storms and more closely mimic predevelopment hydrology are encouraged. (6) Direct Discharge. Direct discharge of a pipe into streams and/or floodways is not allowed. A stilling basin or other structure that will collect sediment, trash, etc. and that will reduce the likelihood of erosion in the receiving stream due to discharge from the pipe shall be installed at pipe discharges into streams and/or floodways. (7) Erosion and Channel Stability. All stormwater management systems shall be evaluated based on their ability to prevent erosion and sedimentation of the receiving waters and adverse impacts on the site's natural systems. The design engineer shall consider the on -site and downstream effects of the peak discharges and shall design both the permanent and the construction phase of the stormwater management system in a manner that will not increase flooding, channel instability, or erosion downstream when considered in aggregate with other developed properties and downstream drainage capacities. 170.06 - Maintenance Responsibility (A) Dedication. Those stormwater management systems approved in compliance with this chapter that will function as a part of the stormwater management conveyance system shall be dedicated to the city. All areas and/or structures to be dedicated to the city must be accompanied by a drainage easement, dedicated by plat or separate instrument and accepted by the City Engineer. (B) Maintain Stormwater Systems and Structures. The owner of the property on which stormwater systems and structures have been installed shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sedimentation controls, and other protective devices. (C) Right -of -Entry for Inspection. The owner shall provide for the City Engineer or designee to enter the property at reasonable times and in a reasonable manner for the purpose of inspecting stormwater systems and structures. (D) Failure to Maintain. If a responsible person fails or refuses to meet the maintenance requirements the city may give written notice requesting corrective action. If the conditions described in the failure to maintain notice are not corrected within ten (10) days after such notice is given, the Mayor, or his duly authorized representative, is hereby authorized to enter upon the property and do whatever is necessary to correct or remove the conditions described, in the notice. The costs of correcting said conditions shall be charged to the owner or owners of the property and the city shall have a lien against such property for such costs. (1) Enforcement of the Lien. The lien herein provided for may be enforced and collected in either one of the following manners: (a) The lien may be enforced at any time within eighteen (18) months after work has been done, by an action in circuit court; or (b) The amount of the lien herein provided may be determined at a hearing before the City Council held after thirty (30) days written notice by certified mail to the owner or owners of the property, if the name and whereabouts of the owner or owners be known, and if the name of the owner or owners cannot be determined, then only after publication of notice of such hearing in a newspaper having a bona fide circulation in Washington County for one insertion per week for four consecutive weeks; the determination of the City Council shall be subject to appeal by the property owner in circuit court; and the amount so determined at said hearing, plus 10% penalty for collection, shall be by the City Council certified to the tax collector of the county, and by him placed on the tax books as delinquent taxes, and collected accordingly, and the amount, less 3% thereof, when so collected shall be paid to the city by the county tax collector. (c) In case the owner of any lot or other real property is unknown or his whereabouts is not known or he is a nonresident of this state, then a copy of the written notice hereinabove referred to shall be posted upon the premises and before any action to enforce such lien shall be had, the City Clerk shall make an affidavit setting out the facts as to unknown address or whereabouts or non -residence, and thereupon service of the publication as now provided for by law against nonresident defendants may be had, and an attorney ad litem may be appointed to notify the defendant by registered letter addressed to his last known place of residence if same can be found. (E) Removal and modification of Stormwater Systems and Structures. Stormwater systems and structures may only be modified or removed with the approval of the City Engineer, who shall determine whether the stormwater system or structure does not function as a part of the stormwater management system. The applicant may be required to provide supporting data and calculations that justify the removal of the stormwater systems or structures. 170.07 - Preliminary Plat, Lot Requirements (A) Preliminary Plats. Preliminary Plats shall include a master drainage plan for each lot related to the proposed infrastructure and adjacent lots. (B) Preliminary Plats for Residential Subdivisions. Preliminary Plats for residential subdivisions shall provide drainage information meeting the Arkansas Fire Prevention Code for building safety regulations for positive drainage of each lot. (1) The applicant shall prepare a master grading plan to be followed during individual lot development to convey runoff to a public drainage easement or right-of-way. (2) Right-of-way, utility easements and drainage easements shall be graded and shaped in accordance with the master build out grading plan during preliminary plat construction. (C) Rear Lot Drainage Easements. Rear lot drainage easements for nonstructural grassed swales shall not overlap utility easements with above ground structures, i.e., electric transformers, gas meters, communication junctions, etc. (D) Final Plat. The final plat shall include the approved master drainage plan to be filed as a supplemental document. The scale shall be legible and approved by the City Engineer. 170.08 - Private Drainage Systems (A) Private Drainage Systems. (1) Private Drainage System Maintenance. A private drainage system includes groundwater, drainage pipes or channels, and any flowing or standing water not within a right-of-way or drainage easement. The owner of any private drainage system shall maintain the system to prevent or reduce the discharge of pollutants. This maintenance shall include, but is not limited to, sediment removal, bank erosion repairs, maintenance of vegetative cover, and removal of debris from pipes and structures. (2) Minimization of Irrigation Runoff. Concentrated flow of irrigation water to the storm drainage system is prohibited. Irrigation systems shall be managed to reduce the discharge of water from a site. (3) Cleaning of Paved Surfaces Required. The owner of any paved parking lot, street or drive shall clean the pavement as required to prevent the buildup and discharge of pollutants. The visible buildup of mechanical fluid, waste materials, sediment or debris is a violation of this chapter. Paved surfaces shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other methods in compliance with this Code. Material shall not be swept or washed into the storm drainage system. This section does not apply to pollutants discharged from construction activities. (4) Maintenance of Equipment. Any leak or spill related to equipment maintenance in an outdoor, uncovered area shall be contained to prevent the potential release of pollutants. Vehicles, machinery and equipment must be maintained to reduce leaking fluids. (5) Materials Storage. In addition to other requirements of this Code, materials shall be stored to prevent the potential release of pollutants. The uncovered, outdoor storage of unsealed containers of hazardous substances is prohibited. (6) Pesticides, Herbicides and Fertilizers. Pesticides, herbicides and fertilizers shall be applied in accordance with manufacturer recommendations and applicable laws. Excessive application shall be avoided. (7) Open Drainage Channel Maintenance. Every person owning or occupying property through which an open drainage channel passes shall prevent trash, debris, excessive vegetation, and other obstacles from their property from entering the drainage channel or obstructing flow. (B) Authorization to Adopt and Impose Best Management Practices. The city may adopt and impose a Drainage Criteria Manual and requirements identifying Best Management Practices for any private activity, operation, or facility, which may cause a discharge of pollutants to the storm drainage system. Where specific BMPs are required, every person undertaking such activity or operation, or owning or operating such facility shall implement and maintain these BMPs at their own expense. 170.09 — Illicit Discharge Detection and Elimination (A) Purpose. (1) The purpose of this section is to provide for the health, safety, and general welfare of the citizens of Fayetteville through the regulation of non -storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. (2) It establishes methods for controlling the introduction of pollutants into its municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. (3) The University of Arkansas, Fayetteville campus is a separate small MS4 NPDES permit holder and responsible for Illicit Discharge Detection and Elimination (IDDE) within its service area. (B) Prohibition of Illegal Discharges and Illicit Connections. (1) Illegal discharges are prohibited. No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than storm water. Common stormwater contaminants include trash, yard waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous waste and sediment. (2) Illicit connections are prohibited. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) No person shall connect a line conveying sanitary sewage, domestic sewage or industrial waste, to the storm drainage system, or allow such a connection to continue. (C) Exemptions. The following non-stormwater discharges are acceptable and not a violation of this chapter provided that ADEQ has not determined and notified the City in writing that these sources are substantial contributors of pollutants: 1) uncontaminated waterline flushing; 2) landscape irrigation; 3) rising ground waters; 4) uncontaminated ground water infiltration (infiltration is defined as water other than wastewater that enters a sewer system, including sewer service connections and foundation drains, from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow.); 5) uncontaminated pumped ground water; 6) discharges from potable water sources; 7) uncontaminated foundation drains; 8) uncontaminated air conditioning condensate; 9) irrigation water; 10) springs; 11) water from crawl space pumps; 12) uncontaminated footing drains; 13) lawn watering; 14) individual residential car washing; 15) flows from riparian habitats and wetlands; 16) dechlorinated swimming pool discharges; 17) uncontaminated street wash water; 18) discharges or flows from emergency firefighting activities; and 19) unless otherwise permitted or regulated by ADEQ, discharges of gray water from municipal splash pads (also known as spray ponds or spray grounds), as defined in Part 6.35 of this permit, provided the discharges comply with all applicable municipal or county ordinances enacted or pursuant to law. Discharges from recirculating systems shall be de -chlorinated prior to discharge. (D) Release Reporting and Cleanup. Any person responsible for a release of materials which are or may result in illicit discharges to the storm drainage system shall take all necessary steps to ensure the discovery, containment, abatement and cleanup of such release. In the event of such a release of a hazardous material, said person shall comply with all state, federal, and local laws requiring reporting, cleanup, containment, and any other appropriate remedial action in response to the release. Failure to address an illicit discharge will result in enforcement action per Chapter 153. 170.10-170.99 - Reserved � Study for Flood Management and Water Quality Funding _ City Counc May 25, 2021 sift il Agenda Session rw2 CITY OF FAYETTEVILLE ARKANSAS JWr LSSON® �X.➢a�[wi�ailf�m, �Vae Develop a flood resilient community consisting of sustainable development patterns, robust stormwater operation and maintenance and appropriate capital expenditures to reduce property damage and improve water quality CITY OF q0FAYETTEVILLE 2 ARKANSAS IN Background • Flood Management and Water Quality Study (2018-present) o Identified expectations of citizens and elected officials related to stormwater services o Identified existing weaknesses in city codes related to stormwater-focus of today's meeting CITY OF 19 FAYETTEVILLE 3 ARKANSAS Why do we need ordinance revisions? Much of this recent growth is characterized as "infill" which inherently occurs next to, and upstream of, existing homes and businesses. %t r Many of these infill developments are also exempt from the City's stormwater and tree preservation regulations under the current UDC. CITY OF FAYETTEVILLE ARKANS ARKANSAS 4 166,01 (B) (1) Lot Split Review Process •Gua arm M&ND S& mmsa _ I V CITY OF Wj% FAYETTEVILLE ARKANSAS I j 5 stormwate r control+ rnitiga ti 13n. Sizing Uiter;a Description 1, TSS Reduction Method - Provide water 4uaIity treatment for the runoff resulting from a rainfall depth of 1.2 inches (where pra t!cable) �Chapt,er4), or water Quality 2, Runoff Reduction Method -Capture 1.0 inch of rainfall Using Low Impact Deve 10 pmen tstrat egi es. (Chapter S). Methods are intended to reduce the average annual post -development total suspended solids loadings by SM from increased impervious areas. Provide extended detention of the increased volume of the 1-year storm Channel Protection event released over a period of 44 Fours to reduce flows and protect downstream channels from erosive velocities and unstable conditions. Post-develo rnent flows shall not exceed the predevelo ment flows. Provide peak discharge control of the 2-year, 5-year, 10`year, and 25- Overbank Flood Protection year storm event such that the past -development peak rate does riot exceed the predeve I opment rate. Provide peak discharge control of the 100-year storm event such that the Extr�ttie Flamed protection post-develaprnent peak rate does not exceed the predevelopment rate. Current code is "all or nothing"-single/2 family homes are exempt; all other types of development must fully comply with drainage code CITY OF FAYETTEVILLE ARKANS ARKANSAS JG F-xemntid UDC Revisions • Ordinance Revisions Presented to • Stakeholder Meeting 3/6/20 • Long Range Planning Committee 7/23/20) 8/20/20) 9/24/20 and 12/10/20 • Technical Advisory Committee 10/28/20 and 11/19/20 o Planning Commission 4/12/21 CITY OF q0FAYETTEVILLE 8 ARKANSAS Proposed Development Thresholds . ....Thresholds City-wide Grading and Drainage / Stormwater Documentation Water Quality, Flood, and Tree Mitigation Measures Standard < or = 1,200 Exempt from Grading and Drainage provisions except 0 Exempt sf of IA for those still associated with the Building Permit process such as HHOD. • Completed Green Stormwater Practice (GSP) 0 2 or more measures from Step 1 of Table 2 that Worksheet, demonstrating Runoff Reduction via Reduce Runoff via Better Site Design 1,201 - 6,000 Better Site Design. sf of IA 0 1 or more Green Stormwater Practice (GSP) • GSP Operation & Maintenance (O & M) Agreement to measures from Step 2 of Table 2 as required to treat ensure the long-term functionality of these practices. 100% of the developed portion of the site • Same as Level 2. a Same as Level 2 6,001 — 10,000 sf of • As needed GSP measures from Step 3 to further IA reduce runoff • Abbreviated Tree Preservation Plan "Would not impact residential or commercial subdivisions as the subdivision will account for their impact with improvements as required by the drainage criteria manual. CITY OF KANS EVILLE AR9 ARKANSAS Framework Levels 2 and 3 are required to select two of these measures to implement while designing the site Mitigation Measures Reduce Runoff via Better Site Design. Conservation of Natural Features and Resources (if they exist on property): Preserve Riparian Buffers (i.e. no variances from streamside protection). • Avoid Developing in Floodplains and on Steep Slopes (greater 15%) Tree Preservation: Preserve Natural Areas with at least one significant tree. The removal, relocation, destruction or abuse in any manner of a significant tree(s) to be preserved is prohibited. • Protection of Street Trees. The removal, relocation, destruction or abuse in any manner of a street tree(s) to be preserved is prohibited. Lower Impact Site Design Techniques: • Reduce Limits of Clearing and Grading to preserve at least 10% of the open space of the site Reduction of Impervious Cover: Use multi -story buildings to reduce building footprints Create Parking Lot Stormwater "Islands" • Use pervious surfaces for parking, sidewalks and trails, where feasible. Utilization of Natural Features for Stormwater Management: Use soil restoration practices to improve native soils and reduce over compaction Use native plants and naturalistic landscapes (yards that do not have to be mowed and are planted with perennials, etc) and rain gardens. CITY OF FAYETTEVILLE 10 ARKANSAS 0 Framework Levels 2 and 3 are required to select at least one of these measures sized appropriately by the GSP worksheet that will be provided by the City Urban Bioretention Permeable Pavement Infiltration Trench Green Roof Level 3 is required to include this measure ' Extended Detention CITY OF EVILLE ARKANS ARKANSAS Green Stormwater Practice (GSP) Worksheet FRl in only rhare arms highNgh ted in g—c How big is your site overall? 4,500 Square Feet (SF Pxistl ne site How much of the exsting site is impervious (roof, driveway, concrete, elr._}? 0 SF Haw much of the existing site is gra-P 325 SF How much of the existing site is tree ca nopy7 4,375 5F How much of the existing site is lawn area? 0 5F 4r500 Total SF {must match overall she SF) PI155 Proposed site How much of the proposed site N Impervious (root, driveway, concrete, etc,..)? 3,900 SF How much of the proposed site is gravel? 0 SF How much of the proposed site is tree canopy? 30 SF How much of the proposed site is lawn area] 570 5F 4,500 Telal 5F (must match overall site 5F) PI155 Primary GSP Developed area drainingto primaryGSP 3,900 SF New Gravel and impervious 100',G G5P0 dons SurFace Area Requited 5f Rioretenfion 3os Permeable Pavement 462 Infiltration Trench 306 Green Roof 652 Secondary GSP Developed area draining to the secondary GSP? (when required) a SF New Gravel and Impervious 0% 351P Options 5urface Area Required (51r( Bioretention 0 Permeable Pavement 0 infiltration trench 0 Green Reef 0 ]00% 100%of new gravel and impervious must be treatedj PASS igtended Detention NQT REgl1VRE❑ Trapezoidal Shape, all others provide supporting volume calculations Bottom Length 0 FT Bottom Width 0 FT Side Slope 13:1 or flatter} 3 Z:1 PA55 'Panding Depth 1 FT 'Indude p—&,rg depth even when p—ldirrg sewoN volume cukulct," &tended Detention Volume Required (CF] 1,100 Ex[endetl Detention Volume Provided (CFI 12 R wired gUlet krlfite Plametar lln]'• 2.76 •"Round to nearest goortet+nrh Providing 5eparaie Volume Cakukations No Volume provided must exceed volume required hOi REgGIRED CITY OF FAYETTEVILLE 12 ARKANSAS 0 o .Sl 08Z AM ::L0,Lt.ZO S 7� II� I� 13 13 1 —7 —7: �r. ——— TREE PRESERVATIDN BUFFER - I z r u„ SHARED PRIVATE DRIVE -_- - ' t=_-------`Ei---- -;'------ I-- _-I' ' ------ -Lq� ---� d i -II ; -: - ----!oil iz I I � 35G UNIT TYFE A t �,cwnsYrw,R:w�m�vwr� Ls:mnaeows:wm�asw �:u,w,rrwmrwnar+- — — I CITY OF WOM FAYETTEVILLE ARKANSAS ae.o• � ma � xs-n � � — � � � } zs.v � un � i T I1 T P. c� 344 UNIT TYPED — 342 UNIT TYPE D _ I 340 UNITTYPEC 396 UNITTYPCC `A 332 M � UNIT TYPE A �330 UNIT TYPE B� 'r n.' x m Evsw PLAN `, PLAN �' SCALE A = 1' rwRns fli n#loek F Cy_zo eC Ile narzrm T , mm NOT FOR CONSTRUCTION -LtlC-HtK TOWNHOUSES SITE PLAN L1.1 13 Green Stormwater Practice (GSP) Worksheet 1:11f in onlq fhese areas higA7i011[ed in green How big is your site ova 41 40,341 Square Fee[(5F Existlne Site How much of the existing site is Impervious (roof, driveway, concrete, etc...)? t0,292 SF Haw much of the existing site is a—W 2,243 SF How much of the existing site is tree canopy? 12,320 SF How much of the existing site is lawn area? 1.5,686 SF 40,541 Total 5F (must match overall site 5F) PASS Proposed Site How much of the proposed site is impervious (roof, driveway, concrete, ett, 1? 14,191 SF How much of the proposed site is gravel? 5,673 5F How much of the proposed site is tree canopy? 11,420 5F How much of the proposed site is lawn area? 9,252 SF 40,541 Total SF (must match overall site SFi PP55 Primary GSP Developed area draining to primary GSP 7,334 5F new Gravel and Imper mus GSP Options Surface Area Required (SF) Bioretention 361 Permeable Pavement 542 Infiltration 7rench 362 Green Roof 765 Secondary GSP Developed area dral ping to the secondary GSP? (when required) 0 SF New Gravel and lmpeivlous GSP O ions Su rface Area Re uired SF �111—etdrwn 0 Permeable Pavement 0 Infiltratlan Trench 0 Green Roof 0 10D% of new gravel and impervious must be treated Extended Detention REQVIHED Trapezoidal Shape, all others provide supporting volume calculations Ronom Length 238 FT Rptbom Width 8 FT Side Slope 131 or Hatter} 4 2:1 P0.55 •Pnnding Depth 1 FT "Include yondirig depth even when pravlding separate volume calculations Extended Detention Volume Required (CF} 2,236 Extended Detention Volume Provided [CFI 2,909 RiEmod bidet grlflce Nil IIn) 11-00 Provid ing Separate Volume Ca lwkations No Volume provided must exceed volume required PASS CITY OF FAYETTEVILLE 14 ARKANSAS 0 Develop a flood resilient community consisting of sustainable development patterns, robust stormwater operation and maintenance and appropriate capital expenditures to reduce property damage and improve water quality CITY OF q0FAYETTEVILLE 15 ARKANSAS No 12 FLOOD HAZARD AREA Flood FLOODWAY Flood Fringe Fringe Stream Simulated Channel 5imulared �'�' Encroachmen� Eracroachmenr _ Surcltie� • _ _ _ ; _ Area of floodplain that could be '—Flood elevation before used for development by raising ground ancroachrmeni [ine — = Flood Elevation f3 6e Encroachment Line — = Flood Elevation After Ew-roochment " Surcharge noa ro exceed T_0 foot �FEMA requiremanrl = 5imuk ted Encroachment Terms and The Flooclway is the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to pass the base flood discharge without increasing flood depths. Computer models of the floodplain are used to simulate "encro❑chment" or fill in the flood fringe in order to predict where and how much the base flood elevation would increase if the floodplain is allowed to be filled. For any proposed floodway development, before a slate or local floodplain permit can be issued, the applicant most provide evidence that "no impact" will occur (see page �. You will need an experienced registered professional engineer to make sure your proposed project won't increase flooding on other properties. ARKANSAS QUICK GUIDE CITY OF FAYETTEVILLE 16 ARKANSAS 0 Chapter 168; Floodplain Encroachment CITY OF q0FAYETTEVILLE 17 ARKANSAS 0 Flood Damage Prevention Chapter 168 • No Adverse Impact • Development would not be allowed to • Increase flood heights on other properties • Increase flood velocities on other properties • Fill floodplain without creating additional storage elsewhere (compensatory storage) CITY OF q0FAYETTEVILLE 18 ARKANSAS 0 Ordinance Quick Reference • Chapter 151: move definitions, minor clarifications, additions and eliminations • Chapter 153: Clarification of stop work order • Chapter 159: Clarification of fees • Chapter 166: Revise order of approval process; include framework • Chapter 167: Abbreviated tree plan requirements CITY OF 10 FAYETTEVILLE 19 ARKANSAS 0 Ordinance Quick Reference • Chapter 168: Moved definitions to 151; No Adverse Impact • Chapter 169: Grading review versus grading permit • Chapter 170: Revise order of requirements; include framework; address comments from ADEQ Audit CITY OF 10 FAYETTEVILLE 20 ARKANSAS 0 Stormwater Chapter 170 Additional Revision • Legacy Drainage Plans • Current code has no expiration on approved drainage plans • Some plans on file were approved in early to mid 2000's • Propose that these plans sunset and a new plan approved if/when development is proposed • If council agrees then clause will be drafted and included in this revision CITY OF q0FAYETTEVILLE 21 ARKANSAS 0 Questions? CITY OF 10 FAYETTEVILLE 22 ARKANSAS 0 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0420 Agenda Date: 6/15/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.1 ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE: AN ORDINANCE TO ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE CONCERNING THIRD -PARTY PROTECTION AND CONTROL, INSPECTION, TESTING, AND MAINTENANCE REPORTING OF THE FAYETTEVILLE CODE WHEREAS, the Arkansas Fire Prevention Code requires periodic testing and maintenance of certain fire protection systems alarms, devices, equipment and other features; and WHEREAS, the fire code official is authorized by the Arkansas Fire Prevention Code to approve reports of inspection by approved agencies or individuals; and WHEREAS, pursuant to Section 107.2.1 of the Arkansas Fire Prevention Code and Standards, required tests and inspection reports shall be available to the fire code official at all times and such records shall be filed as directed by the fire code official; and WHEREAS, the City has adopted the provisions of the Arkansas Fire Prevention Code and Standards, current edition, and the provisions of technical codes and standards and has made the same applicable as the Fire Prevention Code of the City of Fayetteville in § 173.02 Fire Prevention Code/Building Code of the Unified Development Code; and WHEREAS, the City Council desires to amend its Fire Prevention Code to require inspection reports to be provided to the City through a third -party inspection reporting system. 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 enacts §94.06 Third -Party Inspections and Reporting System as follows: "94.06 Third -Party Inspections and Reporting System. City of Fayetteville, Arkansas Page 1 Printed on 61312021 File Number: 2021-0420 (A) Inspections and Maintenance Required. The owner of the property where any device, equipment, alarm, system and any other feature is required for compliance of the provisions of this Article or is otherwise installed on the property shall cause maintenance, testing and inspections of all such devices, equipment, alarms, systems and features in accordance with this Code and applicable referenced standards and specified intervals. If, following inspection and testing, any device, equipment, alarm, system and any other feature does not meet manufacture's specifications or fails to perform as intended, then it shall be repaired or replaced in accordance with subsection (e) below. Maintenance, testing and inspections shall include, without limitation, the following fire protection systems: (1) Automatic Fire Sprinkler System (2) Commercial Kitchen Hood System (3) Fire Alarm System (B) Qualifications of Inspectors. Only qualified personnel shall make inspections or perform testing required by the current editions of the Arkansas Fire Prevention Code and the adopted provisions of technical codes. Qualified personnel shall include, but not be limited to: (1) Personnel who are factory -trained and certified for the type and brand of device, equipment, alarm, system, or feature being inspected or tested. (2) Personnel who are certified by a nationally recognized certification organization approved by the City. (3) Personnel who are registered, licensed or certified by Arkansas or the City of Fayetteville to perform the required inspections and testing. (4) Personnel of the Fire Department. (C) Reporting of Inspections and Tests. Records of all installations, inspections, tests and maintenance required by this Section shall be provided electronically to the City's designated electronic reporting system. Completed records shall be submitted no later than fifteen (15) days following the applicable installation, inspection, test and maintenance. The submitted report shall contain all information required by the City's designated electronic reporting system. The fee for any report filed using the electronic reporting system shall not exceed fifteen dollars ($15.00) for each type of fire protection system. (D) Retention of Records. Records of any device, equipment, alarm and system inspections, tests and maintenance required by the current editions of the Arkansas Fire Prevention Code and the adopted provisions of technical codes shall be maintained on the premises for a minimum of three (3) years following the date of any inspection, test and maintenance and shall be copied to the fire department and its contractors pursuant to either the provisions of the City Code or upon the request of the fire code official. (E) Repairs. City of Fayetteville, Arkansas Page 2 Printed on 61312021 File Number: 2021-0420 If any device, equipment, alarm, system and any other feature fails its inspection or operational test, within thirty (30) days of such inspection or test or the property owner shall make all necessary repairs to make the item fully operational. Defective parts must be replaced with manufacturer approved parts. If repair is not possible, the item must be replaced with devices, equipment, alarms, systems and features in accordance with this Code and applicable referenced standards. Completed records shall be submitted no later than fifteen (15) days following the applicable maintenance, repair or replacement. The submitted report shall contain all information required by the City's designated electronic reporting system. The fee for any report filed using the electronic reporting system shall not exceed fifteen dollars ($15.00). Additional inspections and testing may be required of the repaired or replaced device, equipment, alarm, system or other feature upon the request of the fire code official." City of Fayetteville, Arkansas Page 3 Printed on 61312021 Brad Hardin Submitted By City of Fayetteville Staff Review Form 2021-0420 Legistar File ID 6/15/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/24/2021 FIRE (300) Submitted Date Division / Department Action Recommendation: Staff requests Council approval of an ordinance to allow the fire department to contract with a software company for a reporting system for fire protection systems inside the City of Fayetteville. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 15, 2021 TO: Mayor and City Council FROM: Brad Hardin, Fire Chief DATE: May 24, 2021 CITY COUNCIL MEMO SUBJECT: Staff requests Council approval of an ordinance to allow the fire department to contract with a software company for a reporting system for fire protection systems inside the City of Fayetteville. RECOMMENDATION: The Fayetteville Fire Department recommends the adoption of the ordinance to allow the use of a inspection reporting system as outlined in the City Council packet. BACKGROUND: The City Attorney's Office and the Fire Marshal's Office worked together to develop this ordinance to allow the Fayetteville Fire Department to contract with a software company for data compilation pertaining to Fire Protection Systems in businesses and organizations within the city. In addition to Fayetteville, Springdale and Rogers are in the process of adopting this system in their respective jurisdictions. DISCUSSION: The Arkansas Fire Prevention Code requires periodic testing and maintenance of all fire protection equipment; to include fire sprinkler, fire alarm and hood vent systems. The fire code also requires that the third -party inspector of included fire protection systems submit completed inspection reports as directed by the fire code official. The current system has some inspections being submitted by fax, some by email, some by mail and others are not submitted at all. For example, out of the 753 active fire sprinkler systems in the City, the Fayetteville Fire Marshals Office received 361 inspection reports over the preceding 12 months. This system will help us to track fire protection systems, increase inspection and testing code compliance, reduce false alarms activity and ensure a safer community. Moving to this type of inspection reporting system will allow us to efficiently review and track inspections; will allow us to develop a follow-up inspection process, reduce administrative tasks and help us gather detailed analytics to assist in our accreditation process. The system we are requesting is similar to the backflow inspection reporting system that is currently being used by the City of Fayetteville Water Department. BUDGET/STAFF IMPACT: There is not a budget impact or cost to the city with regards to this ordinance approval Attachments: Ordinance Details Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ORDINANCE NO. AN ORDINANCE TO ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE CONCERNING THIRD -PARTY PROTECTION AND CONTROL, INSPECTION, TESTING, AND MAINTENANCE REPORTING OF THE FAYETTEVILLE CODE WHEREAS, the Arkansas Fire Prevention Code requires periodic testing and maintenance of certain fire protection systems alarms, devices, equipment and other features; and WHEREAS, the fire code official is authorized by the Arkansas Fire Prevention Code to approve reports of inspection by approved agencies or individuals; and WHEREAS, pursuant to Section 107.2.1 of the Arkansas Fire Prevention Code and Standards, required tests and inspection reports shall be available to the fire code official at all times and such records shall be filed as directed by the fire code official; and WHEREAS, the City has adopted the provisions of the Arkansas Fire Prevention Code and Standards, current edition, and the provisions of technical codes and standards and has made the same applicable as the Fire Prevention Code of the City of Fayetteville in § 173.02 Fire Prevention Code/Building Code of the Unified Development Code; and WHEREAS, the City Council desires to amend its Fire Prevention Code to require inspection reports to be provided to the City through a third -party inspection reporting system. 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 enacts §94.06 Third -Party Inspections and Reporting System as follows: "94.06 Third -Party Inspections and Reporting System. (a) Inspections and Maintenance Required. The owner of the property where any device, equipment, alarm, system and any other feature is required for compliance of the provisions of this Article or is otherwise installed on the property shall cause maintenance, testing and inspections of all such devices, equipment, alarms, systems and features in accordance with this Code and applicable referenced standards and specified intervals. If, following inspection and testing, any device, equipment, alarm, system and any other feature does not meet manufacture's specifications or fails to perform as intended, then it shall be repaired or replaced in accordance with subsection (e) below. Maintenance, testing and inspections shall include, without limitation, the following fire protection systems: (1) Automatic Fire Sprinkler System (2) Commercial Kitchen Hood System (3) Fire Alarm System (b) Qualifications of Inspectors. Only qualified personnel shall make inspections or perform testing required by the current editions of the Arkansas Fire Prevention Code and the adopted provisions of technical codes. Qualified personnel shall include, but not be limited to: (1) Personnel who are factory -trained and certified for the type and brand of device, equipment, alarm, system, or feature being inspected or tested. (2) Personnel who are certified by a nationally recognized certification organization approved by the City. (3) Personnel who are registered, licensed or certified by Arkansas or the City of Fayetteville to perform the required inspections and testing. (4) Personnel of the Fire Department. (c) Reporting of Inspections and Tests. Records of all installations, inspections, tests and maintenance required by this Section shall be provided electronically to the City's designated electronic reporting system. Completed records shall be submitted no later than fifteen (15) days following the applicable installation, inspection, test and maintenance. The submitted report shall contain all information required by the City's designated electronic reporting system. The fee for any report filed using the electronic reporting system shall not exceed fifteen dollars ($15.00) for each type of fire protection system. (d) Retention of Records. Records of any device, equipment, alarm and system inspections, tests and maintenance required by the current editions of the Arkansas Fire Prevention Code and the adopted provisions of technical codes shall be maintained on the premises for a minimum of three (3) years following the date of any inspection, test and maintenance and shall be copied to the fire department and its contractors pursuant to either the provisions of the City Code or upon the request of the fire code official. (e) Repairs. If any device, equipment, alarm, system and any other feature fails its inspection or operational test, within thirty (30) days of such inspection or test or the property owner shall make all necessary repairs to make the item fully operational. Defective parts must be replaced with manufacturer approved parts. If repair is not possible, the item must be replaced with devices, equipment, alarms, systems and features in accordance with this Code and applicable referenced standards. Completed records shall be submitted no later than fifteen (15) days following the applicable maintenance, repair or replacement. The submitted report shall contain all information required by the City's designated electronic reporting system. The fee for any report filed using the electronic reporting system shall not exceed fifteen dollars ($15.00). Additional inspections and testing may be required of the repaired or replaced device, equipment, alarm, system or other feature upon the request of the fire code official." PASSED and APPROVED this APPROVED: LIONELD JORDAN, Mayor day of , 2021. ATTEST: KARA PAXTON, City Clerk/Treasurer City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0425 Agenda Date: 6/15/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.2 RZN-2021-041 (431 E. MLK BLVD./ESPINOZA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-041 LOCATED AT 431 EAST MARTIN LUTHER KING JUNIOR BOULEVARD FOR APPROXIMATELY 0.20 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN 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 changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 61312021 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2021-0425 Legistar File ID 6/15/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/28/2021 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: RZN-2021-000041: Rezone (431 E. MLK BLVD./ESPINOZA, 524): Submitted by BLEW & ASSOCIATES, INC. for property located at 431 E. MLK BLVD. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.20 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 15, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: May 28, 2021 CITY COUNCIL MEMO SUBJECT: RZN-2021-000041: Rezone (431 E. MILK BLVDJESPINOZA, 524): Submitted by BLEW & ASSOCIATES, INC. for property located at 431 E. MLK BLVD. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.20 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property, parcel 765-12850-002, is in south Fayetteville on E. Martin Luther King Jr. Blvd, and is within the Walker Park Neighborhood. Containing approximately 0.20 acres, the property is currently developed with a single-family dwelling that county records indicate was built in 1910. Request: The request is to rezone the property from NC, Neighborhood Conservation to RI-U, Residential Intermediate — Urban. The applicant has not submitted any specific development plans, though indicates an intent to develop townhomes. Public Comment: Staff received public comment from the adjacent property owner to the west in opposition to the request. The neighbor issued concerns regarding increased parking and a desire to see the neighborhood maintain single-family character. Land Use Compatibility: While the property is currently surrounded by single-family residential on the east and west, the area has a variety of lot sizes and building types, including mixed -density residential to the south and southwest of the property. The size of the lot in question is small, less than a'/4 acre, which does naturally limit the developability of the property. Permitted uses within the RI-U zoning district would be limited in size given other development requirements that would be needed, such as parking or potential tree preservation. This helps protect compatibility with surrounding single-family dwellings. Staff also finds that while the property to the north is largely single-family residential, the underlying zoning district which governs the area is DG, Downtown General, signaling an intent for more intense and urban uses and building forms in that area. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, goals of City Plan 2040, as well as with the Walker Park Neighborhood Plan. The property immediately across the street on E. MLK Blvd. is zoned DG, Downtown General, and the property to the south is zoned NC, Neighborhood Conservation. A zoning of this property to RI-U could act as a step-down transition between the more commercial uses permitted within the DG zoning district, and the single-family residential zoning to the south. The infill score of this property is 7 which indicates that an incremental increase in density is justified at this location, which a request from NC to RI-U provides. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #1, 303 W Center Street) • Near Sewer Main (E. Martin Luther King Jr. Blvd) • Near Water Main (E. Martin Luther King Jr. Blvd) • Near City Park (Jefferson Park, Walker Park) • Near Paved Trail (Sidepath Trail on Martin Luther King Jr. Blvd) • Near ORT Bus Stop (Route 20) • Within Master Plan Area (Walker Park Neighborhood) DISCUSSION: At the May 24, 2021 Planning Commission meeting, a vote of 7-0-0 forwarded the subject request to City Council with a recommendation of approval. Commissioner Sparkman made the motion and Commissioner Paxton seconded. Commissioners found the request to be compatible at the location given the current land uses and long-term land use plans for the area. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B Planning Commission Staff Report RZN-2021-000041 Close Up View Neighborhood Link 1 Planning Area � Fayetteville City Limits Shared -Use Paved Trail Espinoza 7TH STi EXHIBIT 'A' RZN-2021-000041 ,Al �y RSF-8 44+21IN LUTHER KING JR BLVD J.0------------- Feet 0 55 110 220 330 440 1 inch = 150 feet RPZD A& NORTH RSF-8 RW RMF-12 Downtown General Neighborhood Conservation Commercial, Industrial, Residential PARCEL #765-12850-002 PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE ALONG THE SOUTH LINE OF SAID FORTY ACRE TRACT N86°22'51"W 139.00'; THENCE LEAVING SAID SOUTH LINE NO3°05'39"E 149.25' TO A FOUND 5/8" REBAR BEING THE TRUE POINT OF BEGINNING, THENCE N88°26'35"W 62.26' TO A FOUND 1/2" REBAR; THENCE NO2°59'36"E 133.99' TO A SET 5/8" REBAR LOCATED ON THE SOUTH RIGHT-OF-WAY LINE OF MARTIN LUTHER KING BOULEVARD; THENCE ALONG SAID RIGHT-OF-WAY LINE S86°22'51"E 62.50' TO A SET 5/8" REBAR; THENCE LEAVING SAID RIGHT-OF-WAY LINE S03006'10"W 131.75' TO THE POINT OF BEGINNING, CONTAINING 0.190 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND RIGHT-OF-WAYS OF RECORD. 1p".- - TO: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE Fayetteville Planning Commission Jessie Masters, Development Review Manager May 24, 2021 Updated with PC hearing results from 5/24/2021 SUBJECT: RZN 2021-000041: Rezone (431 E. MLK BLVD./ESPINOZA, 524): Submitted by BLEW & ASSOCIATES, INC. for property located at 431 E. MLK BLVD. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.20 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2021-000041 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2021-000041 to City Council with a recommendation of approval." BACKGROUND: The subject property, parcel 765-12850-002, is in south Fayetteville on E. Martin Luther King Jr. Blvd, and is within the Walker Park Neighborhood. Containing approximately 0.20 acres, the property is currently developed with a single-family dwelling that county records indicate was built in 1910. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single -Family Residential DG, Downtown General South Mixed -Density Residential NC, Neighborhood Conservation East Single -Family Residential RI-U, Residential Intermediate - Urban West Single -Family Residential NC, Neighborhood Conservation Request: The request is to rezone the property from NC, Neighborhood Conservation to RI-U, Residential Intermediate — Urban. The applicant has not submitted any specific development plans, though indicates an intent to develop townhomes. Public Comment: Staff received public comment from the adjacent property owner to the west in opposition to the request. The neighbor issued concerns regarding increased parking and a desire to see the neighborhood maintain single-family character. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along E. Martin Luther King Jr. Blvd. which is a partially improved Neighborhood Link Street with asphalt paving, curb and open Planning Commission May 24, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 1 of 13 ditches. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject area. An existing 8-inch water main is present on the north side of E. Martin Luther King Jr. Blvd. Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch sanitary sewer main is present in the center of E. Martin Luther King Jr. Blvd. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 1, located at 303 W. Center St., protects this site. The property is located approximately 1.1 miles from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of the property is within the Hillside -Hilltop Overlay District. The property does not lie within a FEMA floodplain, nor is there a protected stream in the area. There are no hydric soils present on the property. Tree Preservation: The proposed zoning district of RI-U, Residential Intermediate - Urban requires 15% minimum canopy preservation. The current zoning district of NC, Neighborhood Conservation requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for this site, with a weighted score of 8. The following elements of the matrix contribute to the score: Adequate Fire Response (Station #1, 303 W Center Street) Planning Commission May 24, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 2 of 13 • Near Sewer Main (E. Martin Luther King Jr. Blvd) • Near Water Main (E. Martin Luther King Jr. Blvd) • Near City Park (Jefferson Park, Walker Park) • Near Paved Trail (Sidepath Trail on Martin Luther King Jr. Blvd) • Near ORT Bus Stop (Route 20) • Within Master Plan Area (Walker Park Neighborhood) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: While the property is currently surrounded by single-family residential, the area is has a variety of lot sizes and building types. The size of the lot in question is small, less than a'/4 acre, which does naturally limit the developability of the property, indicating that the permitted uses within the RI-U zoning district would largely be limited in size given other development requirements that would be needed, such as parking and potential tree preservation. This helps protect compatibility with surrounding single-family dwellings. Staff also finds that while the property to the north is largely single-family residential, the underlying zoning district which governs the area is DG, Downtown General, signaling an intent for more intense and urban uses and building forms in that area. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, goals of City Plan 2040, as well as with the Walker Park Neighborhood Plan. The property immediately across the street on E. MILK Blvd. is zoned DG, Downtown General, and the property to the south is zoned NC, Neighborhood Conservation. A zoning of this property to RI-U could act as a step-down transition between the more commercial uses permitted within the DG zoning district, and the single-family residential zoning to the south. The infill score of this property is 7, with a weighted score of 8, which indicates that an incremental increase in density could be justified at this location, which a request from NC to RI-U provides. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Rezoning this property NC, Neighborhood Conservation to RI-U, Residential Intermediate — Urban, is justified given the city's stated goals of increased infill development as well as providing additional opportunities for attainable housing. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning of the property under RI-U, with its lack of density requirements, has the potential to increase traffic on E. MILK Blvd, which is called out in the Master Street Plan as a Neighborhood Link Street. However, given the size Planning Commission May 24, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 3 of 13 of the property and the nature of the street frontage, staff finds that the possibility of increased traffic danger and congestion is minimal. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from NC to RI-U would potentially increase the population density, but would not undesirably increase the load on facilities and services. As noted above, this 0.24-acre property has access to existing water, sewer, and other public services that eliminate the need for costly extensions or stretched fire or police service. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends approval of RZN-2021-000041. PLANNING COMMISSION ACTION: Required YES Date: May 24, 2021 O Tabled I,� Forwarded O Denied with a recommendation Motion: Sparkman of approval Second: Paxton J Vote: 7-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.29 Neighborhood Conservation o §161.12 District RI-U, Residential Intermediate - Urban • Applicant Request Letter • Public Comment • One Mile Map • Close-up Map Planning Commission May 24, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 4 of 13 • Current Land Use Map • Future Land Use Map 161.29 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two 2 family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12a Limited business* Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 140 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Planning Commission May 24, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 5 of 13 Building Height Maximum 1 3 stories (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19) 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other Side Single Rear Other Rear, from Uses & Two (2) Uses centerline of Family an alley A build -to zone that is None 5 feet 5 feet 12 feet located between the front property, line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 1 2 stories/3 stories Planning Commission May 24, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 6 of 13 * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) Planning Commission May 24, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 7 of 13 Bie, Associates, P.A. Civil Engineers Professional Land Surveyors March 31, 2021 To Whom It May Concern, Rezone 3825 N. Shiloh Dr. Fayetteville, Arkansas 72703 479-443-4506 Fax 582-1883 My client, Diego Espinoza, is doing a rezone at 431 E. MLK Fayetteville. The property is currently Neighborhood Conservation. He is requesting RIU for the property just like the property to the East we did last year. This should not impact the surrounding neighborhoods since we are requesting the same zoning as before. He's wanting to build townhomes and with the zoning he's requesting, it should flow with the surrounding properties. We have utilized this plat to create and modify to meet our needs as the client requested. The rezone affects parcel:# 765-12850-002 Sincerely, Amanda Hallmark Project Manager Blew & Associates, P.A. Planning Commission May 24, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 8 of 13 From: Samuels <samuelsrus@sbcgloba1.net> Sent: Monday, May 10, 2021 3:03 PM To: Planning Shared <planning@favetteville-ar.gov>; r.umberger@favetteville-ar.gov Subject: Fw: 431 E. MLK Blvd CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. ----- Forwarded Message ----- From: Samuels <samuelsrus(absbcglobal.net> To: r.umberger(cDfavetteville-ar.gov <r.umberger(a�fayetteville-ar.gov> Sent: Monday, May 10, 2021, 02:38:07 PM CDT Subject: 431 E. MLK Blvd I am writing with reference to the rezoning of the above property to RIU. I own the property next door at 405 E. MLK and am concerned as the neighborhood is really characterized by single family homes. Another consideration here is parking, there is no street parking and many of the properties are occupied by students so the ratio of cars to homes is very high that causes parking issues in the streets off of MLK. Thank you for considering my comments Kind regards Mark Samuels Planning Commission May 24, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 9 of 13 Agenda Item 5 RZN-21-000041 Espinoza Page 10 of 13 RZN-2021-000041 Close Up View Neighborhood Link 1 Planning Area Fayetteville City Limits t - -- - — —• Shared -Use Paved Trail Espinoza 7TH ST, NC O4D yG��s RSF-8 �0 `�<< MARTIN LUTHER KING JR BLVD �e--------- _ Feet 0 55 110 220 330 440 1 inch = 150 feet RPZD A& NORTH RSF-8 RW RMF-12 Downtown General Neighborhood Conservation Commercial, Industrial, Residential Planning Co mission 4, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 11 of 13 RZN-2021-000041 Espinoza Current Land Use NORTH sll i Single -Family Residential - I I MARTIN LUTHER_ - 1 KING JR BLVD �. I I . Sin le -Family Residential 9 Y Subject Single -Family Residential I I Property _ 1 _ Mixed -Density Residential A W- `�-----L 7TH ST -� w}mi __.---- Neighborhood Link _; Planning Area ZZ - - -; Fayetteville City Limits Feet 0 25 50 100 150 1 inch = 70 feet 200 FEMA Flood Hazard Data too -Year Floodplain Floodway Planning Co mission 4, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 12 of 13 RZN-2021-000041 Future Land Use Espinoza O�� �y ti G F �1 M1 400MIL \` le own Civic and KING JR BLVD Private i �,------------- Open Space IA ' City [Subject Property Neighborhood 7TH ST Residential Neighborhood City Neighborhood Civic Institutional Civic and Private Open Space Industrial Feet Natural Neighborhood Link Non -Municipal Government �- - -� 0 75 150 300 450 600 Residential Neighborhood Planning Area i- - -� 1 inch - 200 feet L Rural Residential ,- - - Fayetteville City Limits Urban Center Planning Co ssion 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 13 of 13 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0426 Agenda Date: 6/15/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.3 RZN-2021-042 (1000 W. BULLDOG BLVD./FHS PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-042 FOR APPROXIMATELY 22.80 ACRES LOCATED AT 1000 WEST BULLDOG BOULEVARD FROM RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE; RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE; AND P-1, INSTITUTIONAL TO P-1, INSTITUTIONAL 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 changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RMF-24, Residential Multi Family, 24 Units Per Acre; RMF-40, Residential Multi Family, 40 Units Per Acre; and P-1, Institutional to P-1, Institutional. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 61312021 City of Fayetteville Staff Review Form 2021-0426 Legistar File ID 6/15/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 5/28/2021 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2021-000042: Rezone (1000 W. BULLDOG BLVD./FHS PROPERTIES, 522): Submitted by MCCLELLAND ENGINEERS, INC. for properties located at 1000 W. BULLDOG BLVD. The properties are zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE & RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and P-1, INSTITUTIONAL and contain approximately 22.80 acres. The request is to rezone the entire area to P-1, INSTITUTIONAL. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost Budget Adjustment Remaining Budget V20180321 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 15, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: May 28, 2021 CITY COUNCIL MEMO SUBJECT: RZN-2021-000042: Rezone (1000 W. BULLDOG BLVD./FHS PROPERTIES, 522): Submitted by MCCLELLAND ENGINEERS, INC. for properties located at 1000 W. BULLDOG BLVD. The properties are zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE & RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and P-1, INSTITUTIONAL and contain approximately 22.80 acres. The request is to rezone the entire area to P-1, INSTITUTIONAL. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is owned by Fayetteville High School and encompasses the majority of the school's athletic facilities north of W. Bulldog Blvd., and south of W. Clinton Street. While the property in question totals 22.80 acres, approximately 18 of those acres are currently zoned P-1, Institutional. There are remaining parcels that are zoned RMF-24, Residential Multi -Family, 24 Units per Acre and RMF-40, Residential Multi -Family, 40 Units per Acre that the applicant wishes to rezone. Request: The request is to rezone the remaining RMF-24, Residential Multi -Family, 24 Units per Acre and RMF-40, Residential Multi -Family, 40 Units per Acre parcels to P-1, Institutional. Fayetteville Public Schools intends to redevelop portions of the site for their high school athletic facilities. Public Comment: Staff has not received any public comment. Land Use Compatibility: Staff finds the request to be compatible with surrounding land uses. Fayetteville Public Schools owns the properties in question and they are currently being used for athletic facilities and parking for Fayetteville High School. The neighborhood to the east is still largely residential, with a mix of single-family and multi -family dwellings. The property to the west is largely institutional and owned by the University of Arkansas. Rezoning from RMF-24 and RMF- 40 to P-1 brings these properties into compliance with zoning code and allows the school to Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 continue to expand and develop. This rezoning would also blanket the school's campus with a consistent zoning district to govern the area. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as a City Neighborhood Area, which does encourage a wide variety of uses and housing types. The school's location does provide good walkability from surrounding neighborhoods. Given the school's already long-term use of the property as athletic fields and parking, and the continued growth of Fayetteville's population, it is highly unlikely that the property would redevelop to residential uses in the long run. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 11 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 1, 303 W. Center St.) • Near Sewer Main (Internal to property and along W. Bulldog Blvd) • Near Water Main (W. Clinton Drive and W. Bulldog Blvd). • Near Grocery Store (Walmart Neighborhood Market) • Near Public School (Property is owned by Fayetteville Public High School) • Near U of A Campus (U of A owns property in the area, and is in very close proximity) • Near City Park (Frisco Park and Trail) • Near Paved Trail (Frisco Trail, Razorback Greenway, Tsa La Gi Trail) • Near ORT Bus Stop (ORT Route 20) • Near Razorback Bus Stop (Stadium Drive) • Appropriate Future Land Use (City Neighborhood Area) DISCUSSION: At the May 24, 2021 Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Sparkman made the motion and Commissioner Paxton seconded. Commissioners agreed that the properties in question were not likely to return to residential uses given their use and ownership by Fayetteville Public Schools, and that a consistent zoning for the area was appropriate. No public comment was offered on the item. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2021-000042 Close Up View — Neighborhood Link — Institutional Master Plan Hillside -Hilltop Overlay District — — — Trail (Proposed) - 1 Planning Area L _ 2 Fayetteville City Limits Fayetteville High School Subject Property Proposed P-1 P-1 Feet 0 112.5 225 450 675 1 inch = 300 feet I J _J 2 STONE-ST E.AA& Zoninq Acres P-1 22.8 Total 22.8 PROPERTY DESCRIPTION, AS -SURVEYED: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (NW/4 SW/4), AND OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, IN WASHINGTON COUNTY, ARKANSAS, SAID PARTS ENCLOSING PART OF THE REVISED OAK PARK PLACE SUBDIVISION AS DEPICTED IN WASHINGTON COUNTY PLAT BOOK 5, PAGE 64, AND ENCLOSING PART OF THE I.W. DUNCAN'S ADDITION TO THE CIITY OF FAYETTEVILLE AS DEPICTED IN PLAT BOOK 4, PAGE 192, THE SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A SMOOTH 3/4" ROD MARKING THE SOUTHWEST CORNER OF THE SAID NW/4 SW/4 OF SECTION 16; THENCE, ALONG THE SOUTH LINE OF THE NW/4 SW/4, S87006'56"E 349.18 FEET; THENCE LEAVING THE SOUTH LINE N03007'01"E 39.99 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP AT THE POINT OF BEGINNING ALONG THE EAST LINE OF DELAWARE AVENUE; THENCE ALONG THE EAST, NORTH, AND WEST LINES OF DELAWARE AVENUE FOR THE FOLLOWING COURSES: NO3°07'01"E 422.64 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP; THENCE N86053'03"W 40.00 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP; THENCE S03007'01"W 20.00 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP AT THE NORTHEAST CORNER OF THE UNIVERSITY OF ARKANSAS (UA) PROPERTY AS DESCRIBED IN WASHINGTON COUNTY DOCUMENT 2000-087242; THENCE ALONG THE NORTH LINE OF THE SAID UA PROPERTY N86053'03"W 88.79 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP; THENCE, ALONG THE EXTENDED EAST LINE OF THE SAID REVISED OAT PARK PLACE, NO2°57'40"E 462.62 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP ALONG THE NORTH LINE OF LOT 509 OF THE REVISED OAK PARK PLACE; THENCE, ALONG THE EXTENDED NORTH LINE OF LOT 509, S87007'26"E 115.90 FEET TO A FOUND 5/8" REBAR ON THE FORMER CENTERLINE OF DELAWARE AVENUE, SAID DELAWARE AVENUE VACATED BY FAYETTEVILLE CITY ORDINANCE 2462; THENCE ALONG THE SAID FORMER CENTERLINE OF DELAWARE AVENUE FOR THE FOLLOWING FOUR COURSES: ALONG A NON -TANGENT CURVE TO THE NORTHEAST, CONCAVE TO THE SOUTHEAST, WITH A RADIUS OF 144.00 FEET AND ARC LENGTH OF 141.28 FEET, FOR A CHORD OF N 51 °43'09" E 135.68 FEET TO A FOUND 5/8" REBAR; THENCE LEAVING THE CURVE, ALONG A NON -TANGENT CURVE TO THE EAST, CONCAVE TO THE SOUTH, WITH A RADIUS OF 144.00 FEET AND ARC LENGTH OF 29.69 FEET, FOR A CHORD OF N 84005'56" E 29.64 FEET TO A FOUND 5/8" REBAR; THENCE LEAVING THE CURVE, ALONG A NON -TANGENT CURVE TO THE NORTHEAST, CONCAVE TO THE NORTHWEST, WITH A RADIUS OF 20.00 FEET AND ARC LENGTH OF 30.55 FEET, FOR A CHORD OF N 46022'33" E 27.67 FEET TO A FOUND 5/8" REBAR; THENCE LEAVING THE CURVE N02046'08"E 179.54 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP ALONG THE SOUTH LINE OF CLINTON DRIVE; THENCE ALONG THE SAID SOUTH LINE OF CLINTON DRIVE FOR THE FOLLOWING TWO COURSES: N47°47'45"E 227.77 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 547.96 FEET AND ARC LENGTH OF 122.70 FEET FOR A CHORD OF N 54°12'37" E 122.44 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP AT THE NORTHEAST CORNER OF LOT 206 OF THE REVISED OAK PARK PLACE; THENCE LEAVING THE CURVE, ALONG THE EASTERLY LINE OF THE SAID LOT 206, S20051'45"E 130.55 FEET TO A FOUND 2" IRON POST, 7 FEET TALL AT THE SOUTHEAST CORNER OF LOT 206; THENCE, ALONG THE LINE COMMON TO THE REVISED OAK PARK PLACE AND TO I.W. DUNCAN'S ADDITION FOR THE FOLLOWING TWO COURSES: N87°50'52"W 149.21 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP; THENCE S02009'08"W 20.00 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP AT THE NORTHWEST CORNER OF BLOCK 8 OF THE I.W. DUNCAN'S ADDITION; THENCE, ALONG THE NORTH LINES OF BLOCKS 7 AND 8 OF I.W. DUNCAN'S ADDITION, S87050'52"E 441.10 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP AT THE NORTHEAST CORNER OF BLOCK 7, LOT 7 OF I.W. DUNCAN'S ADDITION; THENCE, ALONG THE EXTENDED EAST LINES OF BLOCK 7, LOTS 7 THRU 11 AND OF BLOCK 6, LOTS 7 THRU 12, ALL IN I.W. DUNCAN'S ADDITION, S02031'37"W 843.38 FEET TO A FOUND REBAR WITH PLASTIC CAP AT THE SOUTHWEST CORNER OF THE DFP, LLC PROPERTY AS DESCRIBED IN WASHINGTON COUNTY DOCUMENT 2012-00038190; THENCE, ALONG THE SOUTH LINE OF THE SAID DFP, LLC PROPERTY, S87017'27"E 201.61 FEET TO A POINT ON THE WEST LINE OF DUNCAN STREET WHICH IS N87017'27"W 3.67 FEET FROM A FOUND PIPE; THENCE, ALONG THE WEST LINE OF DUNCAN STREET, S01043'10"W 72.61 FEET TO A POINT WHICH IS N87004'25"W 2.49 FEET FROM A FOUND REBAR WITH PLASTIC CAP; THENCE ALONG THE NORTH LINE OF THE PAUL GAYER PROPERTIES, LLC PROPERTY AS DESCRIBED IN WASHINGTON COUNTY DOCUMENT 2007-00010112, N87°04'25"W 131.35 FEET TO A FOUND CARVED "X" ON A STONE WALL AT THE NORTHWEST CORNER OF THE SAID PAUL GAYER PROPERTIES, LLC PROPERTY; THENCE S02052'41"W 147.62 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP AT THE SOUTHWEST CORNER OF THE DAVID GLENN COZART PROPERTY AS DESCRIBED IN WASHINGTON COUNTY DOCUMENT 92-63504; THENCE N87007'19"W 15.00 FEET TO A SET 112" REBAR WITH PLASTIC CAP AT THE NORTHWEST CORNER OF THE BRIAND AND SHONA SIMMONS PROPERTY AS DESCRIBED IN WASHINGTON COUNTY DOCUMENT 2018-00026500; THENCE S02°52'41"W 199.08 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP ON THE NORTH LINE OF BULLDOG AVENUE AT THE SOUTHWEST CORNER OF THE CHRISTIAN FAMILY SERVICES PROPERTY AS DESCRIBED IN WASHINGTON COUNTY DOCUMENT 2007-00005280; THENCE, ALONG THE SAID NORTH LINE OF BULLDOG AVENUE, N87004'10"W 142.60 FEET; THENCE ALONG THE EAST, NORTH, AND WEST LINES OF BUCHANAN AVENUE FOR THE FOLLOWING THREE COURSES: NO2°53'04"E 60.54 FEET; THENCE N87006'56"W 30.00 FEET; THENCE S02053'04"W 60.51 FEET; THENCE, ALONG THE NORTH LINE OF BULLDOG AVENUE, N87004'10"W 630.00 FEET TO THE POINT OF BEGINNING, ENCLOSING 993,065 SQUARE FEET, OR 22.798 ACRES_ CITY OF ti FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: May 24, 2021 Updated with PC hearing results from 5/24/2021 SUBJECT: RZN-2021-000042: Rezone (1000 W. BULLDOG BLVD./FHS PROPERTIES, 522): Submitted by MCCLELLAND ENGINEERS, INC. for properties located at 1000 W. BULLDOG BLVD. The properties are zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE & RMF- 40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contain approximately 22.80 acres. The request is to rezone the properties to P-1, INSTITUTIONAL. RECOMMENDATION: Staff recommends forwarding RZN-2021-000042 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2021-000042 to City Council with a recommendation of approval." BACKGROUND: The subject property is owned by Fayetteville High School and encompasses the majority of the school's athletic facilities north of W. Bulldog Blvd., and south of W. Clinton Street. While the majority of the property in question is currently zoned P-1, there are a few parcels that are zoned RMF-24, Residential Multi -Family, 24 Units per Acre and RMF-40, Residential Multi -Family, 40 Units per Acre. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Mixed -Use RMF-24, Residential Multi -Family 24 Units per Acre South Fayetteville High School/Mixed-Use P-1, Institutional; RMF-24, Residential Multi -Family 40 Units per Acre East Mixed -Density Residential/ RMF-40, Residential Multi -Family, 40 Units per Acre Multi -Family Residential West Mixed -Use, Parking, Insitutional, P-1 Institutional; Undeveloped RMF-24, Residential Multi -Family 24 Units erAcre Request: The request is to rezone the property from RMF-24, Residential Multi -Family, 24 Units per Acre and RMF-40, Residential Multi -Family, 40 Units per Acre to P-1 Institutional. Fayetteville Public Schools intends to redevelop portions of the site for their High School athletic facilities. Public Comment: Staff has not received any public comment. Planning Commission May 24, 2021 Agenda Item 6 RZN-21-000042 FHS Properties Page 1 of 15 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along W. Bulldog Blvd, which is a partially improved Residential Link Street. The subject area has frontage along West Clinton Drive, which is a fully improved Neighborhood Link Street with asphalt paving, curb and gutter, and sidewalk. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 6-inch water main is present on the north side of W. Bulldog Blvd. An existing 2-inch water main is present on the west side of S. Buchanan Ave. An existing 12-inch water main is present on the east side of W. Clinton Dr. and an existing 8-inch water main is present in the center of S. Harmon Ave. A water main extension could be required at the time of development, since the school's campus is comprised of many parcels, some of which do not have immediate access to a water line. Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer main is present on the north side of W. Stone St. A sewer main extension may be required at the time of development since the school's campus is comprised of many parcels, some of which do not have immediate access to a sewer line. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 1, located at 303 W. Center St., protects this site. The property is located approximately 0.9 miles from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of the property is within the Hillside -Hilltop Overlay District. The property does not lie within a FEMA floodplain, nor is there a protected stream in the area. There are no hydric soils present on the property. Tree Preservation: The proposed zoning district of P-1, Institutional has a 25% minimum canopy preservation requirement. The current zoning districts of RMF-24 and RMF-40 have a 20% minimum canopy preservation requirement. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major Planning Commission May 24, 2021 Agenda Item 6 RZN-21-000042 FHS Properties Page 2 of 15 corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 11 for this site, with a weighted score of 14.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 1, 303 W. Center St.) • Near Sewer Main (Internal to property and along W. Bulldog Blvd) • Near Water Main (W. Clinton Drive and W. Bulldog Blvd). • Near Grocery Store (Walmart Neighborhood Market) • Near Public School (Property is owned by Fayetteville Public High School) • Near U of A Campus (U of A owns property in the area, and is in very close proximity) • Near City Park (Frisco Park and Trail) • Near Paved Trail (Frisco Trail, Razorback Greenway, Tsa La Gi Trail) • Near ORT Bus Stop (ORT Route 20) • Near Razorback Bus Stop (Stadium Drive) • Appropriate Future Land Use (City Neighborhood Area) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds the request to be compatible with surrounding land uses. Fayetteville Public Schools owns the properties in question and they are currently being used for athletic facilities and parking for Fayetteville High School. The neighborhood to the east is still largely residential, with a mix of single-family and multi -family dwellings. The property to the west is largely institutional and owned by the University of Arkansas. Rezoning from RMF-24 and RMF-40 to P-1 brings these properties into compliance with zoning code and allows the school to continue to expand and develop. This rezoning would also blanket the school's campus with a consistent zoning district to govern the area. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as a City Neighborhood Area, which does encourage a wide variety of uses and housing types. The school's location does provide good walkability from surrounding neighborhoods. Given the school's already long-term use of the property as athletic fields and parking, and the continued growth of Fayetteville's population, it is highly unlikely that the property would redevelop to residential uses in the long run. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Given the current uses of the properties in question as primarily parking and Planning Commission May 24, 2021 Agenda Item 6 RZN-21-000042 FHS Properties Page 3 of 15 athletic facilities for the Fayetteville High School, a rezone from RMF-24 and RMF-40 to P-1 is justified. Rezoning the properties to P-1 brings those properties into zoning compliance. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to P-1 from RMF-24 and RMF-40 would not likely appreciably increase traffic and congestion at this location. The property is already in use for athletic facilities and parking, and rezoning would bring the current uses into compliance. Any expansion of those uses should the property be rezoned would likely be absorbed by those already using the facility and already present on school property and would not be likely to drive additional traffic to the site. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RMF-24 and RMF-40 is not likely to alter the population density. Allowing the rezoning to P-1 would likely offer the opposite effect, in that it would permit Fayetteville High School's facilities to expand to meet the needs of a growing population. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2021-000042 to City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: May 24, 2021 O Tabled C4 Forwarded O Denied with a recommendation of (Motion: Sparkman approval Second: Paxton Vote: 7-0-0 Planning Commission May 24, 2021 Agenda Item 6 RZN-21-000042 FHS Properties Page 4 of 15 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.16 District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre o §161.17 District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre o §161.32 District P-1, Institutional • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 161.16 District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 26 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 24 or less (D) Bulk and Area Regulations. Planning Commission May 24, 2021 Agenda Item 6 RZN-21-000042 FHS Properties Page 5 of 15 (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 35 feet Two-family 35 feet Three or more 70 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 3,000 square feet Two 2 family 4,000 square feet Three 3 or more 7,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acres (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building Height Maximum 2 stories/3 stories/5 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. Planning Commission May 24, 2021 Agenda Item 6 RZN-21-000042 FHS Properties Page 6 of 15 (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; Ord. No. 5224, 3-3- 09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) 161.17 District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre (A) Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density multi -family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 26 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development (2) Conditional Uses. Unit 2 City-wide uses by CUP Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupation Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre I Fort 40 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home ark 50 feet Single-family 30 feet Two 2 family 30 feet Three or more 70 feet Professional offices 100 feet (2) Lot Area Minimum. Planning Commission May 24, 2021 Agenda Item 6 RZN-21-000042 FHS Properties Page 7 of 15 Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 2,500 square feet Two 2 family 3,000 square feet Three 3 or more 1 7,000 square feet Fraternity or Sorority 1 acre (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet Fraternity of Sorority 500 square feet per resident (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building Height Maximum 2 stories/3 stories/5 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991, §160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3- 09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) Planning Commission May 24, 2021 Agenda Item 6 RZN-21-000042 FHS Properties Page 8 of 15 161.32 District P-1, Institutional (A) Purpose. The Institutional District is designed to protect and facilitate use of property owned by larger public institutions and church related organizations. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front 30 feet Front, if parking is allowed between the right-of-way and the building 50 feet Side 20 feet Side, when contiguous to a residential district 25 feet Rear 25 feet Rear, from center line of public alley 10 feet (F) Height Regulations. There shall be no maximum height limits in P-1 Districts, provided, however, if a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot the area occupied by all buildings shall not exceed 60% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1965, App. A., Art. 5(XI); Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-70; Code 1991, §160.042; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5073, 11-06-07; Ord. No. 5195, 11-6- 08; Ord. No. 5312, 4-20-10; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945 , §§5, 7, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) Planning Commission May 24, 2021 Agenda Item 6 RZN-21-000042 FHS Properties Page 9 of 15 fflMcCLELLAND 1580 East Stearns Street CONSULTING Fayetteville, AR 72703 "CE�(479) 443.2377 P 1 (479) 443.9241 F ENGINEERS, INC. mce.us.com March 31, 2021 Planning Commission City of Fayetteville 125 West Mountain Street Fayetteville, AR. 72701 Re: Rezoning of Fayetteville High School Out Parcels. Dear Planning Commission Members, This letter is in regards to the rezoning request for several parcels within the existing property holdings of the Fayetteville School District on the north side of Bulldog Avenue that contain the Ray Adams Leadership Center, BARC Center, and the Baseball and Football stadiums. The purpose for the requested rezoning is to change four parcels from RMF-24 to P-1 and an additional three parcels from RMF-40 to P-1. The majority of the existing Fayetteville School District property on this site is currently zoned P-1. The Fayetteville School District property is currently bordered with RMF-24 to the north, DG and RMF-40 to the east, P-1 and RMF-40 to the south, and P-1 and RMF-24 to the east. The purpose of this rezoning request is to combine the property owner's existing parcels into one contiguous zoning category that matches the existing zoning category of P-1. We feel that the proposed rezoning is consistent with and will not adversely affect nor conflict with surrounding land uses. Sinrinraly a Zach Hixson Project Manager zhixson@mce.us.com Planning Commission May 24, 2021 Agenda Item 6 RZN-21-000042 FHS Properties Page 10 of 15 N E 0 Y 2 O 1 N w I O ^ M1 N io •l g _ p o ryp N 8 $ 0 8 O p p p A h anv A'iisHan�kn u N r z N m N w 3ne ai a N s kh p p $ :1 rl m S. p p p (o O OI p O O $ o G ryp� q G G 8 O � 0 8 g ��p �p ��p �0 �0 m ~ o p p p p CO d M1 A h 1. 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L T m I N c c y 7 in .J U U U c c o rj LU LU Cl) U) N 2 Q In LLI 'I xi�I W W � Z Z JI JI O 00 Q 3 m = d 3 = d v N c� xi rn c� m 5- � commission " 16nang. o N c'ION-2-1-000042 a IL N S z ay 24, 2021 1P enda Item 6 FHS Properties Page 11 of 15 Agenda Item 6 RZN-21-000042 FHS Properties Page 12 of 15 RZN-2021-000042 Close Up View -i Nam. 1 I Neighborhood Link Institutional Master Plan Hillside -Hilltop Overlay District — — — Trail (Proposed) ` Planning Area — L — Fayetteville City Limits Fayetteville High School v � Ni Subject Property Proposed P-1 P-1 z v z G, f Q STONEST z rc z Q x v D A& CID NORTH Zoninq Acres P-1 22.8 Feet 0 112.5 225 450 675 900 1 inch = 300 feet Total 22.8 Planning ssion 2021 Agenda Item 6 RZN-21-000042 FHS Properties Page 13 of 15 RZN-2021-000042 Fayetteville High School A& Current Land Use NORTH .Z --.� -O W 1 VAL- ILI R CENTER 9- ^G?� Mixed -Use Mixed -Use i ,. r. 'A.• r L ti - } Multi -Family _ \- Residential Institutional I ii sa - p Subject Property Parking r L Mixed -Density R Residential LU '� s 1 'At-it" � i1 ;N,;;; t�;-• _ Undeveloped JQ .: L BULLDOG BLVD w STONE ST - Z, Mixed -Use I a �{ r r FHS Z FEMA Flood Hazard Data Neighborhood Link 100-Year Floodplain Institutional Master Plan Feet Floodway Trail (Proposed) Planning Area 0 112.5 225 450 675 900 - - -; Fayetteville City Limits 1 inch = 300 feet Planning Co m 4, ssion 2021 Agenda Item 6 RZN-21-000042 FHS Properties Page 14 of 15 RZN-2021-000042 Fayetteville High School Future Land Use He F, i I I \ \ \ \ Civic and Private Open Space I City eighborh o i I Proposed I P-1 \ I I I I Non -Municipal I Government i 11 Urban Center Neighborhood Link Institutional Master Plan Regional Link - High Activity � Urban Center ` Planning Area - L — i Fayetteville City Limits Trail (Proposed) Design Overlay District Subject Property Feet 0 180 360 720 1,080 1 inch = 500 feet HER 1,440 City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood L Rural Residential Urban Center Planning Co mission 4, 2021 Agenda Item 6 RZN-21-000042 FHS Properties Page 15 of 15 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0424 Agenda Date: 6/15/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: CA APPEAL RZN 2020-028 (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-028 FOR APPROXIMATELY 5.1 ACRES LOCATED ON WEST WEDINGTON DRIVE EAST OF MICHAEL COLE DRIVE FROM R-A, RESIDENTIAL AGRICULTURAL TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN AND NS-L, NEIGHBORHOOD SERVICES -LIMITED 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 changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-A, Residential Agricultural to RI-U, Residential Intermediate -Urban and NS-L, Neighborhood Services -Limited. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 61312021 HALL ESTILL VIA E-MAIL eitvclerk(u favetteville-ar.g)Lv Kara Paxton, City Clerk City of Fayetteville 113 W. Mountain Street, Rm. 308 Fayetteville, Arkansas 72701 RECEIVED MAY 13 2021 U1 i Y OF FAYETTEVILLE CITY CLERK'S OFFICE May 13, 2021 Re: RZN 2020-000028 Kidder Rezoning Dear Ms. Paxton - Robert K. Rhoads 75 N. East Avenue, Suite 500 Fayetteville, AR 72701-5388 Direct Dial: (479) 973-5202 Facsimile: (479) 973-0520 rrhoads@hallestill corn The above referenced rezoning request was heard before the Planning Commission on May 10, 2021. The Planning Commission voted to not recommend the rezoning to the City Council; therefore I write you this letter on behalf of the Petitioners to formally appeal that decision and ask that the appeal of the rezoning be put on the next scheduled appropriate City Council Agenda. I thank you for your consideration concerning this request and if this letter is lacking anything to be officially considered a formal request please let me know immediately. The Petitioners believes the Planning Commission's refusal to recommend approval of the rezoning was in error and contrary to Unified Development Code 154.03 in that the rezoning request was compatible with neighboring property in light of the future plans of the City and recommendation of the Planning Department. The applicants will submit additional reasons why they believe the City Council should approve the rezoning when this request is placed on the Agenda. I thank you in advance. Sincerely yours, Robert K. Rhoads RKR:slt Cc: Justin Jorgenson Clients Jonathan Curth Kit Williams v Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. Tulsa • Oklahoma City • Northwest Arkansas • Denver www.hallestill.com CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 15, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: May 28, 2021 CITY COUNCIL MEMO SUBJECT: RZN 2020-000028: Rezone (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER, 436): Submitted by JORGENSEN & ASSOCIATES, INC. for property located EAST OF W. MICHAEL COLE DR. & W. WEDINGTON DR. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 5.10 acres. The request is to rezone the properties to RI-U, Residential Intermediate — Urban and NS-L, Neighborhood Services — Limited. RECOMMENDATION: City Planning staff recommends approval and Planning Commission recommends denial of the request to rezone the subject property as described and shown in the attached Exhibits `A' and ,B, BACKGROUND: The property, parcel, 765-16221-000, is in west Fayetteville, at the corner of W. Wedington Drive and W. Michael Cole Drive, just east of N. Double Springs Road. Containing approximately 5.0 acres, the property is undeveloped, zoned R-A, Residential -Agricultural, and has approximately 1100 feet of frontage along W. Wedington Drive. The applicant previously submitted a request to rezone the property to RMF-18, Residential Multi -Family, 18 Units per Acre, which was denied by Planning Commission. The applicant appealed that denial to City Council, where an amended request was submitted. City Council remanded the item to Planning Commission for a full review and recommendation. At the April 26, 2021 Planning Commission meeting, Commissioners voted to table the item at the applicant's request. At the May 10, 2021 Planning Commission meeting, Commissioners voted to deny the item with a 4-5-0 vote. More information about that meeting is below. Request: The request is to rezone the property to RI-U, Residential Intermediate — Urban and NS-L, Neighborhood Services — Limited. The applicant has not submitted any formal development plans, but has indicated an intent to develop townhomes on the property. Public Comment: Staff received a petition expressing opposition to the original request of RMF- 18 containing 50 signatures from neighbors. Staff received a phone call inquiry regarding the updated proposal, but no specific comment was issued in support or opposition to the updated request. No public comment was issued on the item previously at City Council; one member of Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 the public spoke in opposition to the request at the May 10, 2021 Planning Commission meeting. Staff has since received a phone call inquiry about the project's status, but no formal opposition or support was offered. Land Use Compatibility: The surrounding property is characterized by low -density residential, and is primarily zoned R-A, Residential -Agricultural. Additional residential development appears to be on the rise in the area, with duplexes in RMF-6, Residential Multi -Family, 6 Units per Acre zoning to the west, and RI-12, Residential Intermediate, 12 Units per Acre to the northeast. There are few non-residential services available nearby, especially within close walking distance. Given the available infrastructure, including street frontage along W. Wedington Drive and available water and sewer, staff recognizes that rezoning to a higher density is merited at the site. The provision of limited services at the corner through a request to NS-L, Neighborhood Services — Limited for this area could help mitigate concerns about the availability of walkable services. While RI-U does not have a stated density maximum, it does place limits on the types of dwellings permitted, such as single-family to 4-family, and would not permit larger, out of scale apartment buildings. RI-U also has a height maximum of 3 stories, which also places limitations on the potential for a large, out -of -scale apartment building. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as a Residential Neighborhood Area, which encourages a wide variety of housing types, so staff recognizes the city's goal for additional housing and supportive services in the area, rather than the land remaining agricultural. It is worth noting that the infill score for this neighborhood is low, which would demonstrate that the area is not currently ready for higher density housing, especially housing which would not necessarily be developed to support compact, complete, and connected neighborhoods. Understanding that rooftops help bring services to an area, staff would support a request to a district such as RI-U, Residential Intermediate — Urban, to support an increase in density to the area, but through the limited housing types of single-, two-, three-, and four -family dwellings. Further, staff finds that a consideration of the potential provision of a walkable service at the corner of W. Michael Cole Drive through a consideration for NS-L, Neighborhood Services — Limited, would lead the site in the direction towards a more connected neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 7, 835 N. Rupple Road) • Near Sewer Main (North side of W. Wedington Drive; Southeast side of subject property) • Near Water Main (South side of W. Wedington Drive) • Near City Park (Harmony Pointe Park) • Near Paved Trail (W. Wedington Drive) DISCUSSION: At the May 10, 2021 Planning Commission meeting, and following a failed vote to table the request, a motion to forward the item recommending approval failed with a vote of 4-5-0; Commissioner Winston made the motion and Commissioner Canada seconded. During the applicant's presentation, they elected to share conceptual plans for attached residential housing. Commissioners in opposition to the request identified issues with the illustrative plans that were submitted by the applicant, including conflicts and inconsistencies with both zoning and development codes. The Assistant City Attorney clarified that the submitted plans were not legally bound to the rezoning request, and city staff clarified that the plans had not been reviewed for any form of code compliance. Other Commissioners opposed to the item suggested that the density of the request was still too high for the area compared to the previous request and were concerned that the proposal still represented sprawl. Commissioners in support of the rezoning request appreciated the form -based nature of the zoning districts, and were encouraged that the use of RI-U would require buildings to be placed along W. Wedington. One member of the public offered comment at the meeting in opposition to the proposal citing concerns with the low infill score and wondered if this was the highest and best use for the land in this area. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2020-000028 Close Up View ------- Kidder RSF-4 EXHIBIT 'A' RZN-2020-000028 L •---•- - - - - - - - - - L -----•---- - - - - -- - - - - - --� NGTO I iwii—�' ----------------- W'WEDN-DR 1----------------------NGTO NS-L RMF-6 I'. ------- P 1 — Regional Link ■ Planned Residential Link — — — Shared -Use Paved Trail - - - Trail (Proposed) : Planning Area �- - -i Fayetteville City Limits Building Footprint Subject Property R-A\ Feet 0 112.5 225 450 675 1 inch = 300 feet '• 1 NORTHI Zoning Acres RMF-18 5.1 Total 5.1 EXHIBIT 'B' RZN-2020-000028 Legal Descriptions LEGAL DESCRIPTION: (R-A TO RI-U A part of the NW1/4 of the SW1/4 and a part of the NE1/4 of the SW1/4 of Section 11, T16N, R31 W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said NW1/4, SW1/4, thence East 270.00 feet, thence South 23.89 feet, thence N86°12'36"E 100.22 feet to the POINT OF BEGINNING, thence N86°12'36"E 56.03 feet, thence N89054'27"E 649.55 feet, thence S85047'50"E 150.33 feet, thence S89036'43"E 189.28 feet, thence South 219.19 feet, thence West 1,044.66 feet, thence North 226.74 feet to the POINT OF BEGINNING: Containing 5.47 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION: (R-A TO NS-L A part of the NW1/4 of the SW1/4 of Section 11, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said NW1/4, SW1/4, thence East 270.00 feet, thence South 23.89 feet to the POINT OF BEGINNING, thence N86°12'36"E 100.22 feet, thence South 226.74 feet, thence West 100.00 feet, thence North 220.11 feet to the POINT OF BEGINNING: Containing 0.51 acres more or less subject to easements and right of way of record. CITY OF ti FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: May 10, 2021 Updated with PC hearing results from 5/10/2021 SUBJECT: RZN 2020-000028: Rezone (EAST OF W. MICHAEL COLE DR & W. WEDINGTON DR./KIDDER, 436): Submitted by JORGENSEN & ASSOCIATES, INC. for property located EAST OF W. MICHAEL COLE DR. & W. WEDINGTON DR. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 5.10 acres. The request is to rezone the properties to RI-U, Residential Intermediate — Urban and NS-L, Neighborhood Services — Limited. RECOMMENDATION: Staff recommends forwarding RZN-2020-000028 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2020-000028 to City Council with a recommendation of approval." BACKGROUND: The property, parcel, 765-16221-000, is in west Fayetteville, at the corner of W. Wedington Drive and W. Michael Cole Drive, just east of N. Double Springs Road. Containing approximately 5.0 acres, the property is undeveloped, zoned R-A, Residential -Agricultural, and has approximately 1100 feet of frontage along W. Wedington Drive. The applicant previously submitted a request to rezone the property to RMF-18, Residential Multi -Family, 18 Units per Acre, which was denied by Planning Commission. The applicant appealed that denial to the City Council, where an amended request was submitted. City Council recommended the item be sent back to Planning Commission for a full review and recommendation. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single -Family Residential R-A, Residential -Agricultural; RSF-4, Residential Single -Family, 4 Units per Acre; RI-12, Residential Intermediate, 12 Units per Acre South Undeveloped/Single-Family Residential R-A, Residential -Ag ricultural East Single -Family Residential R-A, Residential -Agricultural West Two -Family Residential RMF-6, Residential Multi -Family, 6 Units per Acre Request: The request is to rezone the property to RI-U, Residential Intermediate — Urban and NS-L, Neighborhood Services — Limited. The applicant has not submitted any additional development plans, but has indicated an intent to develop townhomes on the property. Public Comment: Staff received a petition containing 50 signatures from neighbors expressing Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 1 of 34 opposition to the original request of RMF-18. The specific concerns and full signatures are attached to this report. Staff received a phone call inquiry regarding the updated proposal, but no specific comment was issued in support of opposition to the updated request. No public comment was issued on the item at City Council. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage to W. Wedington Drive, which is a fully improved Regional Link with asphalt, curb, gutter, and trail. The property also has frontage to W. Michael Cole Drive, which is classified as a Residential Link Street, with asphalt, but no curb, gutter, greenspace, or sidewalk. Any street improvements required in these areas would be determined at the time of development proposal, as well as any requirements for drainage. Water: Public water is available to the subject area. An existing 2-inch water main that segues into an 8-inch water main is present along the north side of W. Wedington Drive and an existing 18-inch water main is present along the south side of W. Wedington Drive. An existing 6-inch water main is also present along the west side of W. Michael Cole Drive. Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sanitary sewer main is present on the north side of W. Wedington Drive and existing 6-inch sanitary sewer main is present in the southeast corner of the subject property. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 7, located at 835 N. Rupple Road, protects the site. The property is located approximately 1.7 miles from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of the property is within the Hillside -Hilltop Overlay District. The property does not lie within a FEMA floodplain, nor is there a protected stream in the area. Hydric Soils appear to be present along the Southeast side of the subject property. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 2 of 34 property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required. Tree Preservation: The proposed zoning district of RI-U, Residential Intermediate — Urban requires 15% minimum canopy preservation, and the proposed zoning district of NS-L, Neighborhood Services - Limited has a 10% minimum canopy preservation. The current zoning district of R-A, Residential- Agricultural requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5 for this site, with a weighted score of 4.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 7, 835 N. Rupple Road) • Near Sewer Main (North side of W. Wedington Drive; Southeast side of subject property) • Near Water Main (South side of W. Wedington Drive) • Near City Park (Harmony Pointe Park) • Near Paved Trail (W. Wedington Drive) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The surrounding property is characterized by low - density residential, and is primarily zoned R-A, Residential -Agricultural. Additional residential development appears to be on the rise in the area, with duplexes in RMF-6, Residential Multi -Family, 6 Units per Acre zoning to the west, and RI-12, Residential Intermediate, 12 Units per Acre to the northeast. There are few non-residential services available in the area, especially within close walking distance. Given the available infrastructure, including street frontage along W. Wedington Drive and available water and sewer, staff does find that a rezoning to a higher density is merited at the site. The provision of limited services at the corner through a request to NS-L, Neighborhood Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 3 of 34 Services — Limited for this area could help mitigate concerns about the availability of walkable services. While RI-U does not have a stated density maximum, it does place limits on the types of dwellings permitted, such as single-family to 4-family, and would not permit larger, out of scale apartment buildings. RI-U also has a height maximum of 3 stories, which also places limitations on the potential for a large, out -of -scale apartment building. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as a Residential Neighborhood Area, which encourages a wide variety of housing types, so staff recognizes the need for an upzone for additional housing and supportive services in the area, rather than the land remaining agricultural. It is worth noting that the infill score for this neighborhood is low, which would demonstrate that the area is not currently ready for higher density housing, especially housing which would not necessarily be developed to support compact, complete, and connected neighborhoods. Understanding that rooftops help bring services to an area, staff would support a request to a district such as RI-U, Residential Intermediate — Urban, to support an increase in density to the area, but through the limited and more compatible housing types of single-, two-, three-, and four -family dwellings. Further, staff finds that a consideration of the potential provision of a walkable service at the corner of W. Michael Cole Drive through a consideration for NS-L, Neighborhood Services — Limited, would lead the site in the direction towards a more connected neighborhood. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezone to a higher density than R-A, Residential -Agricultural is justified, given its proximity to a Tier 3 center, and the future land use plans designating this area as Residential Neighborhood. The request to RI-U and NS-L allows for an incremental increase in density in the area, while still being compatible with overall future land use plans. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RI-U and NS-L at this site would increase traffic at this site, though staff does not find that it would be out of scale or create a dangerous traffic condition in the area. W. Wedington Drive has a typical vehicle count of 11,000 vehicles per day, and is an improved Regional Link with a service volume of 17,600 vehicles per day. Staff also finds that the site is located 1000 feet east of a Tier 3 center (W. Wedington Drive and N. Double Springs Road). 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from R-A to RI-U and NS-L would certainly have the Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 4 of 34 potential to increase population density in this area. However, the available infrastructure, water and sewer, and the service volume of W. Wedington Drive, would likely support an increase in population density. The school district did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends approval of RZN-2020-000028. PLANNING COMMISSION ACTION: Date: May 10, 2021 O Tabled (Motion: Winston (Second: Canada Required YES O Forwarded Iq Denied (Motion #2 to table failed for lack of second) JVote: 4-5-0 (Commissioners Garlock, Johnson, Sharp, Wiederkehr, Sparkman BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.03 - District R-A, Residential -Agricultural o §161.12 - District RI-U, Residential Intermediate - Urban o §161.18 - NS-L, Neighborhood Services- Limited • Applicant Request Letter • Applicant Provided Exhibit • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 5 of 34 161.03 - District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Unit 7 Unit 8 [nit 9 Agriculture Animal husbandry �ingle-family dwellings Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Wireless communications facilities Clean technologies Unit 36 Unit 42 (C) Density. Units per acre One-half ('/) (D) Bulk and Area Regulations. Lot width minimum I200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 6 of 34 Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5- 09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17) Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 7 of 34 161.12 - District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single- family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 Unit 8 Unit 9 Unit 10 Unit 41 Unit 44 (2) Unit 2 Unit 3 Unit 4 Unit 5 Unit 12a Unit 24 Unit 26 Unit 36 City-wide uses by right Single-family dwellings Two (2) family dwellings Three (3) and four (4) farr Accessory dwellings Cluster housing developrr Conditional Uses. City-wide uses by conditional use permit Public protection and utility facilities Cultural and recreational facilities Government facilities Limited business Home occupations Multi -family dwellings ' Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling (all types) Lot width minimum r18 feet FLot area minimum rNone (E) Setback Requirements. 7 Front A build -to zone that is located between the front property, line any a line 25 feet from the front propert line. (F) Building Height Regulations. Side Side Single Rear Rear, from Other & Two (2) Other centerline of an Uses Family Uses alley None 5 feet 5 feet 12 feet Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 8 of 34 Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 9 of 34 161.18 - NS-L, Neighborhood Services - Limited (A) Purpose. The NS-L Neighborhood Services - Limited district is designed to serve as a mixed use area of low intensity. Neighborhood Services promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control, the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12a Limited Business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities* Unit 45 Small scale production (C) Density. Units per acre Ten (10) or less (D) Bulk and Area. (1) Lot Width Minimum. Single-family 35 feet Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 10 of 34 Two (2)family Three or more FAII other uses (2) Lot Area Minimum. 35 feet 35 feet None Single-family 4,000 square feet FTwo (2) family or more 3,000 square feet of lot area per dwelling unit FAII other permitted and None conditional uses (E) Setback Regulations. Front: A build -to zone that is located between 10 and 25 feet from the front property line. F—T feet Rear 15 feet (F) Building Height Regulations. r Building Height Maximum 3 stories (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1- 20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 6, 8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6245 , §2, 10-15-19) Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 11 of 34 JORGENSEN +ASSOCIATES Civil Engineering Surveying February 1, 2021 Kara Paxton, City Clerk City of Fayetteville 113 W Mountain Street, Room 308 Fayetteville, AR 72701 Re: RZN 2020-000028 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 www,jorgensenassoc.com Established 1985 Please accept this appeal of the decision of the Planning Commission on January 251", 2021, to deny the rezoning request for RZN 2020-000028. Our original request at Planning commission was to rezone this to RMF- 18 but after discussion with the city and the owner it was our desire to hear discussion from Planning Commission and change our request to RI-U and NS-L as noted in the staff report which they stated they would support. We requested to table this item so we could discuss options with staff, but we were denied that opportunity so that is the reason for this appeal. This appeal is made pursuant to Section 155.05 of the Uniform Development Code. We understand that Planning Commission has to make a lot of tough decisions and we certainly appreciate their hard work and time. However, in this instance, we feel that the applicant has presented a reasonable zoning request that is in conformity with the surrounding properties. We are kindly asking that the City Council please place this item on the next agenda, so that we can further discuss this matter. Sincerely; Justin Jorgensen Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 12 of 34 r- 0 3AIMa N019N1a3M ISM Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 13 of 34 t io'. L 1.1 j N N U U E 0 I a Iza� � • ; v # fA N N cn C � a D _�� + t I x L •C T' a••' 4-J ( 0j Planning Commission May 10, 2021 t r `Il`6 Agenda Item 5 RZN-21-000028 Kidder f Page 14 of 34 Z7 ling Commission May 10, 2021 Agenda Item 5 1-000028 Kidder Page 15 of 3 "4 Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 16 of 34 LO O W C� _0 c � J = cn CO a - F- N U W E 4 O (i z U O C Y O � � O U cm 0) W c: 0 W O O ,, W OC N uu U J = o Q� Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 17 of 34 04 - I ------------- I anning Commission May 10, 2021 Agenda Item 5 N-21-000028 Kidder Page 19 of 34 ling Commission May 10, 2021 Agenda Item 5 1-000028 Kidder Page 20 of 3 LJ L a) ry L T C O U, Q1 U) 0 a D a v 0 u 0 U- Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 21 of 34 v 0 0 a D a ra O n a u o Planning Commission u May 10, 2021 8 Agenda Item 5 LL RZN-21-000028 Kidder Page 22 of 34 W W J C O U a) V) r c O a u � [ n j c Ll Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 23 of 34 o U LL 1* w Iq (.0 00 M � lt7 bo M 4-1 N N V� O O M w a-41 w- NC C NC cn O M M +' i 0 0 S cn 0 0 C 0 0 U_ t t • � cn -1 4-1 m 0 Q m 70 Q � � 0. 0 000 3r m �� 1111111«ll�l��ll CL Lnc ` a J VW � 'S c- 3� Go a O v V •� �t 1 V ax ti n0 3; o 0, rI Planning Commission cn May 10, 2021 C Agenda Item 5 �RZN-21-000028 Kidder a Page 24 of 34 ZD 00 c .5 m i Q ZD N 00 C m v E O c 0 I— ru v o Planning Commission May 10, 2021 o Agenda Item 5 LL RZN-21-000028 Kidder Page 25 of 34 C O +_j M u +_j D M O �U C f6 L O O I +, a) 3 _O M O 0 ra to N Q ro U to N L ro C f� Ul E L Q) m �i- d tp Q v u o Planning Commission May 10, 2021 o Agenda Item 5 LL RZN-21-000028 Kidder Page 26 of 34 Petition opposing Rezone Request for West Wedington Drive The undersigned are all City of Fayetteville residents and respectfully oppose a rezone request by Aria Holdings, LLC David Fender, for 5.15 acres on West Wedington Drive, Fayetteville, AR. All signatures on this petition are of property owners and/or residents who either adjoin this property in consideration for rezone, or who live in close proximity. All of us could be negatively affected for this high density development on Wedington Drive. This rezone request is to be considered at the Planning Commission meeting which is virtual by Zoom on January 25, 2021 at 5:30 pm. We stron gly a ppose rezone of 5.15 acres ❑n Wed in tan Drive from RA to RMFIB for the fol I owi Ing reasons: 1. Negative traffic impact and safety concerns for car, pedestrian, and bike traffic. 2. Potential drainage problems onto Wedington Drive that could negatively impact nearby properties. 3. Increase of problems with the water and sewage system which is already inefficient and problematic at times for neighborhood residents with the recent housing growth and construction in this area. 4. Possibility of reduced adjoining and area property values. 5. Safety concerns for domestic animals and livestock on adjoining or nearby properties. 6. Weariness of years long construction traffic, trash, noise, and other negative impacts in our neighborhood from Creek View development to the south, Woodridge Subdivision to the north, and Brooke Drive construction to the west, which have all been simultaneous and all remain ongoing and are within close proximity to this property considered for rezone. 7. Increased potential for excessive noise and litter in the neighborhood which has already been an issue. It seems to us that The Planning Commission and The Fayetteville City Council created a prescedent for rezone for high density in this neighborhood at this time with rejection of a very similar high density rezone request at 6040 and 6074 West Wedington within the last 6 months. The property under current rezone request is just across Wedington from those properties which were denied rezone to RMF-18 or RMF-12 in the last six months of 2020. The Planning Commission (July, 2020) and the City Council (Sept. 2020) both carefully considered and thoughtfully discussed the past rezone request and appeal with respect to the long term growth plan as well as united neighborhood opposition to any high density at this time. A rezone to RMF-18 at this property appears to us to be in conflict with the RA Code 161.03 section of "orderly transition of growth." We appreciate and agree with council member's remarks from past rezone considerations that concentrated high density in our neighborhood does not blend with the long term growth "hamlet" approach and is "too much, too fast." The lack of services in this area was also a factor of concern. We hope that the Commission will appreciate and consider the limitations to communicate because of Covid 19. We respectfully ask the Planning Commission to consider our opposition. Please know that not all residents who have signed this petition have internet access to join the meeting in Zoom format. If our signature is on this petition, we state that our absence from the 1/25/21 Zoom meeting does not signify a lack of interest and/or lack of strong opposition to this rezone request. Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 27 of 34 We, the undersigned, oppose the rezone request for 5.15 acres on Wedington Drive with our signatures, addresses, and/or phone or email contact information. This rezone request is to be decided by the City of Fayetteville Planning Commission on 1/25/21. /7AR 1 v✓ im � 6,�C4j �6 � LQZ - V- V-�3 �A/ O.Zf 390Cc& q7q- -V6�-2)1d 41 o ff � - � Lit -'7/-)� P—?C SAS w, rVj 2 G O -73 � i Ad Cd e �� 3 I L rr 0 -f<-;) N� Z ) 2�0 � G� � L1 7 q �ZZ� IL - I t7L1L[ - \QA Planning Commission 2 May 10, 2 Agenda Item RZN-21-000028 Kidder Page 28 of 34 We, the undersigned, oppose the rezone request for 5.15 acres on Wedington Drive with our signatures, addresses, and/or phone or email contact information. This rezone request is to be decided by the City of Fayetteville Planning Commission on 1/25/21. A U . � �U'1 C ?'1 r11C � 5 � 1" LJ'` � Y� � 2 �� [.` C � _._.._..._�7 Q11 , �Il1 bkd j 41.k c l C--CJ - C �JdZ `I, 441C)-(,�0wve,.n (Ai 6Q, 5qub M �l[ LOie Dr C. n ►J�I� 4 evc�axl Celle dr _UO-ji-e- q 7 q 9'7,?2 -5-ot ��,kj�t� 4�G� 2��5q?s I2�� s��fih �V uC'\ �. j ['��U S�5 j 3 C� l2-] ly jai �'' �'� q79 -qys - -7_5- 16z— iv qGI -5 ')\ 5�0 — —) —3 �J( ,,k. r (b } (,7 , . Fa., t Planning Commission 3 May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 29 of 34 We, the undersigned, oppose the rezone request for SAS acres on Wedington Drive with our signatures, addresses, and/or phone or email contact information. This rezone request is to be decided by the City of Fayetteville Planning Commission on 1/25/21. ��rrir�r.���r�:�rN►��h�`i��1if►r �r� ��y ��r��� �►�h[���irLi:«'�LL��Ir�f� �... • :V-i-l�-' L(-Z.lo --C) Z-y`1 Planning Commission May 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 30 of 34 RZN-2020-000028 Kidder NORTH One Mile View 0 0.125 0.25 0.5 Miles ' ——-- -T1 ; W— II 1 Z 1 RSF-4 1 1 ■ II N 1 1 Z t 1 1 � 1 1 ■ ■ ■ ■ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 RI-U 1 I 1 W I la— W R1-12 - W Q z ,.r I LW., d NO Subject Property - I I RMF-6 RSF-8 � I RSF-1 i r--— Zoning L2 Generel InMateal RESIDENT IALSINGLE-FAMILY EXTRACTION 11G E-1 COMMERCIAL Regional Link RL,2 Read—.I-Grtce NSL M. C-, — �Reaieantlal-AgewlWrel 11111IC-2 Neighborhood Link R. =`' - R. FORM BASED DISTRICTS - RSF-2 Downtown Care Planned Neighborhood Link RSF-° g"'are RSF-] Main —t Center RSF-fi � Downtown Gener9 Planned Residential Link RSF-1fi Cemrrunity S—,— RESIDENTIAL MULTIFAMILY Neigbbemooe Servaea NeigbbaMooe Conservaeen 1 Planning Area r r _ _ _ - _ • - - - - -1 RMF-,2 PLANNED ZONING DISTRICTS .RMF-,fi Cemmarcial, Ineuateal, Reaieenrlai 1 _ _ , ; Planning Area - r-- � 1 1- - - 1 Fayetteville City Limits Fayetteville City Limits _ =F_ooINSTITUTIONAL INDUSTRIAL Nea Cem a alaneLight lneuaNai Planning Co m 0, ssion 2021 Agenda Item 5 RZN-21-000028 Kidder Page 31 of 34 RZN-2020-000028 Close Up View Kidder LAtg-----------i----7----------j--- ------- wm� WU ________j _________- ------------- ---- W'WEDI------ � -- ------------ Proposed — — — —' NS-Lj Proposed Subject Property RMF-6 R-A — Regional Link ■ Planned Residential Link — — — Shared -Use Paved Trail - - - Trail (Proposed) : Planning Area �- - -i Fayetteville City Limits Building Footprint Feet 0 112.5 225 450 675 1 inch = 300 feet NORTH Zoning Acres RMF-18 5.1 Total 5.1 Planning n ssion 2021 Agenda Item 5 RZN-21-000028 Kidder Page 32 of 34 RZN-2020-000028 Kidder Current Land Use A& NORTH w wi Single -Family Residential/ °,n' l Agricultural w . _ Single -Family Residential — - i- — — — — — °WEDINAli GTON Subject Property [Duplexes pi aS , - F -- - - - - - - -- �. r_ :. - - - Single-Family Residential * h, Single -Family Residential - ".1,• 4 W, -.. y- MICHAEL COLE DR Y.:. 44����• •. �i �T Yy� ,... ' 2`} ;T - T ice_ >+�'A; . xLi S g� FEMA Flood Hazard Data 100-Year Floodplain Regional Link Feet 0 Floodway ■ ■ Planned Residential Link Planning Area 0 75 150 300 450 600 � _ _ _; Fayetteville City Limits 1 inch = 200 feet Planning Conlmission �114%, 10, 2021 Agenda Item 5 RZN-21-000028 Kidder Page 33 of 34 RZN-2020-000028 Future Land Use .... ■ wgW'adi m ■ ■ ■ ■ .1 Residential i i i i i i i ------------------ Residential Neighborhood Subject Property WWEDIIVGTONDR ___— —_-77S-Z ---- mm WL oed' Kidder ■ ■ M W Q . 1 LLJ IQ ■ _ ■ z NORTH i i —----------------•--- Proposed-----------------�..--- RI-U f Natur Civic -and ' Private - - ' Open Space Regional Link i Planned Residential Link Planning Area L Fayetteville City Limits Building Footprint Feet 0 180 360 720 1,080 1 inch = 500 feet City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 1,440 Residential Neighborhood Il Rural Residential Urban Center ssion 2021 Agenda Item 5 RZN-21-000028 Kidder Page 34 of 34 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0292 Agenda Date: 6/15/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: D.1 File Type: Presentation AGENDA SESSION PRESENTATION - AUDIT COMMITTEE PRESENTATION OF THE 2020 FINANCIAL AUDIT City of Fayetteville, Arkansas Page 1 Printed on 61312021 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0430 Agenda Date: 6/15/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Presentation Agenda Number: D.2 AGENDA SESSION PRESENTATION - FLEET OPERATIONS City of Fayetteville, Arkansas Page 1 Printed on 61312021 lum CITY OF FAYETTEVILLE ARKANSAS =T OPER AT I What is Fleet? ■ Fleet is an internal department working for our City. Our City Departments and Operators are our customers. We make sure they have the proper vehicles and equipment ready and in working order to perform what they need to for the citizens of Fayetteville. ■ We manage/maintain 457 on -road & 229 off -road = 686 vehicles and equipment ■ 12.5 technicians - Part time position for NWTI student - 1 Technician position is currently only being used as a point of contact ■ 4 office staff members - 2 Parts Specialists, Operations Assistant & Warranty Coordinator ■ 2 Managers and the Superintendent ■ City of Fayetteville Fleet Operations has been in the Leading Fleets and Top 100 Fleets every year we have competed ■ In 2020 ranked 92nd and 2021 ranked 72nd in the Nation Fleet Management Software ■ FASTER Software tracks: - Vehicle Inventory - Initial purchase costs with upfit items included - All maintenance (parts, labor and sublet) - Internal Work Orders - Parts Inventory *This software has not been really improved since 2005. Fleet is upgrading it currently with the help of IT. How Fleet determines what vehicles need to be replaced ■ Each vehicle is assigned a Class Code. This groups like vehicles together and is used to determine a life expectancy, meter expectancy & average maintenance cost for monthly charges and insurance cost. ■ FASTER uses this information to estimate a needed time for replacement and constantly adjusts that time based on use & maintenance needed. ■ Fleet uses the FASTER suggestion to determine the 5-year CIP budget. Then meets with each department every year to discuss what is in the budget versus what actually needs replacement. ■ Fleet does NOT bring any item forward that is not in actual need of replacement or if the department has a change in need. Budget is carried over when not used Currently Fleet has the following in budgets that has been re -budgeted over each year because the replacement was determined not necessary yet ■ 2014 - 1 Pickup ■ 2015 - 1 Small Sweeper, 1 Generator ■ 2016 - 1 Woodchipper, 1 Concrete Saw ■ 2017 - 1 Litter Conveyor ■ 2018 - 1 Pickup, 1 Forklift, 2 Utility Vehicles, 1 Brush Mower ■ 2019 - 1 Loader, 1 Skid Steer, 1 Pickup, 1 Animal Body Truck, 2 Snowplows, 1 Pump, 1 Straw Blower, 1 Car, 2 Tractors, 1 Brush Mower and 2 Sand Pros ■ 2020 - 2 Backhoes, 1 Roller, 10 Pickups, 2 Heavy Duty Trucks, 1 Forklift, 1 Generator, 1 Snowplow, 1 Sweeper, 1 Inspection Van, 1 Car, 3 PD Motorcycles, 1 Tractor and 3 Mowers Fleet does NOT bring any item forward that is not in actual need of replacement or if the department has a change in need. How are points Calculated? ■ Both Age and Mileage are based on the Class Code standards and are entered at purchase. As the vehicle ages and accumulates mileage, points begin to add. - Both Age and Mileage top out at 5.0 points - Once a vehicle reaches the entered expected Age or Mileage, that criteria stops at 5.0 points ■ Maintenance points are determined by the maintenance costs divided by the original purchase Price times 10 - Example, original cost $13, 000 and has Maintenance costs of $14, 000 - 14, 000/13, 000=1.08 times 10 =10.8 - However, it tops at 10.0 Faster will show 10.0 Equipment Information==Company 001 CikyofFayetteville Active Equipmer iaI I M1 © ® I M Equipment Number Year Make Model Shop TSet License 00JI 2075 25 Chevrolet SILU 1500 01 EQ_31737 ICAF Print Parent Equipment Class Department 1011 Meter R1I � 2020 � PICKUPTRUC TRUCKS, PICMN � Parks rn M 010 Component _Rec-Maintena Serial Number Location MG r+ None I 1GCEC14V15E276187 811058 I :-:1 UNDEFINED Link r Permanent Color Priority Site r Removable 4rHT - �� : Not defined in Table File Status r— Attached Employee Last PM UNDEFINED Based on a Status TypeTypel date Dane F A 12, 1212017 EAC 6 ----3 Regular 8-5 possible 5 Motor Pool F Depreciation 1342.59 Last Work OrderOOOOO6586O points for meter Masker Billing Nokes AcglDisp Vehicle Replacement � Search � Query I History I Componer 4 reading, 10 Date 05115l2005 Cost 13425.94 Maint $ LTD OOLy points for Fund Major Grouping Highest Meter 5.0 Maintenance 10.0 Age ��.0 Maintenance Expected Life In Meters a ue 0.00 Costs and 5 T e Primar Date Time M 00:00:00 Actual Ae uire Be inFY 101110 0 92349 Recovery Collected 19264.74 points for Age Recovery Balance 407.56 + i Prr - ► Life Expectancy Months 120 Remaining Life Replacement Replacement Monthly Recovery Current Life I 153 Original: -33 05l1512015 18116.34 150.97 Total Paints 15.0 Total possible Adjusted: 0 01l0312018 19672.30 Z28.58 Canditian 0 points is 15.0 Inquire equipment Completed : ACKNOWLEDGED J UpdJJ -J Equipment Inventory - FASTER Win 6,9 1 111 o Equipment Information:: Company 001 City of Fayetteville Active Equipmer Equipment Number Year Make Model Shop TSet License 2075 2005 Chevrolet SILV 1500 O1 EQ 737 KAF Print . Parent Equipment Meter Read i n I—� Component_ Class Department 2020 , PICKUP _PT P7KMN ... Parks Rec-Maintenarn M 1Q111O Serial Number Location MG 1GCEC14V15E276187 811058 I— 7 UNDEFINED None Link r Permanent Color Priority Site r Removable WHT JNot defined' Status r' Attached Employee Last PM UNDEFINED _-J Status F Type jDate Done A 121l2i2017 EAC 5 Regular8-5 1PPLast Motor pool Depreciation Work OrderOOOOO6586O CJ Masker I CJ Billing I J Notes Vehicle Replacement e ch I Query History I Componer 4► Date 05l15l2 Cast 13425.94 Maint $ LTD 14386.13InfIa Rate Rate Fund r1a� 5. aintenance 110.0 A 5.0 Expected Life In Meters a a ue 0-00 T e Primar Date Time Actual Ac uire Be inFY Recovery Collected 19264-74 M 00:00:00 101110 0 92349 Recovery Balance 407-56 41 rrr Life Expectancy Months 1 120 Remaining Life Replacement Replacement Monthly Recovery Current Life In Months 153 Original: -33 05l1512015 18116-34 150.97 Total Points 15.0 Adjusted: F-0 0110312018 F 19672-30 1 128.58 Condition Factor 0-00 Inquire equipment Completed : ACKNOWLEDGED Upd In this example, Unit 2075 originally cost $13,425.94 and has Maintenance costs of $14,386.13 Maintenance points are determined by the maintenance costs divided by the original purchase Price times 10 Because the life to date maintenance costs is more than 100% of the original purchase price, it has a full 10 points for maintenance Things to remember when reviewing Fleet items ■ From the time a request document is sent to administration, the item is presented to Equipment Committee, goes before City Council, a Purchase Order is issued, the vehicle is ordered and ultimately delivered, this can take anywhere from 6 - 24 months depending on the item and industry ■ The life expectancy, meter expectancy and age of the vehicle is not necessarily the end of this unit's total life. This is an expectancy of when Fleet should begin the process so that the vehicle will last until the new unit comes in. It is also a point where the City should be able to sell it and recuperate some of what has been put into the vehicle. ■ At 10-13.5 points the vehicle needs to be reviewed ■ At 13.5-15 points the vehicle needs to be replaced ■ Fleet does not bring any item forward for replacement unless it has met these initial standards for replacement. Or the needs of the user department have changed. Staff Recognition ■ Jesse Beeks, former Fleet Superintendent, was the first in the State to become a Certified Automotive Fleet Manager (CAFM) ■ Sara Glenn, Fleet Support Manager, was the third in the State to become a Certified Automotive Fleet Manager (CAFM) ■ Sara serves on the Board of NWTI for the Heavy Truck school and will be assisting in recruiting ■ Sara is working with NAFA to form more government specific teachings within the organization ■ Winston McGowan, Fleet Operations Supervisor, currently only person in the State to be Master Certified in both Automotive Service Excellence (ASE) and Emergency Vehicle Technician (EVT) ■ All of Fleet management are active members of the Arkansas Public Fleet Professionals Association (APFPA) and Sara Glenn is the current President ■ 69% of our Technicians have Certifications in either ASE or EVTs City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0277 Agenda Date: 6/15/2021 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: D.3 File Type: Presentation AGENDA SESSION PRESENTATION - 2020 ENERGY ACTION PLAN UPDATE City of Fayetteville, Arkansas Page 1 Printed on 61312021