HomeMy WebLinkAboutOrdinance 6508113 West Mountain Street
Fayetteville. AR 72701
(479) 575-8323
Ordinance: 6508
File Number: 2021-0868
AMEND § 166.23 URBAN RESIDENTIAL DESIGN STANDARDS:
AN ORDINANCE TO AMEND § 166.23 URBAN RESIDENTIAL DESIGN STANDARDS
OF THE UNIFIED DEVELOPAIENT CODE TO PROMOTE PEDESTRIAN CROSS ACCESS
AND REQUIRE UNOBSTRUCTED ACCESS FROM RESIDENTIAL BUILDINGS TO PUBLIC
SIDEWALKS
WHEREAS. Fayetteville's Urban Residential Design Standards require dwellings to have
street -facing entries and access to sidewalk when they are located on the ground -level and street
adjacent, but the lack of specificity about the manner and degree of access has led to some recent
projects utilizing non-standard and possibly inadequate surfacing materials and the installation of
pedestrian connections leading to fenced -in or otherwise inaccessible entries: and
WHEREAS, the Planning Commission recommends amending the Urban Residential Design
Standards to address the issue of accessibility as well as the inability to require pedestrian cross access
where it is accommodated by adjacent properties.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (C)
(4) Pedestrian Circulation in §166.23 Urban Residential Design Standards and enacts a new
(C)(4) as follows:
"(4) Pedestrian Circulation.
(a) Ground floor dwelling units adjacent to a public street shall have a primary pedestrian entry that is
Page 1 Printed on 11/17121
Ordinance: 6508
File Number. 2021-0868
visible from the street. This entry shall connect unobstructed to the public sidewalk where sidewalk
exists in a manner to allow occupants to access from the interior of the structure to the City sidewalk.
The connection shall match the sidewalk in material type and shall be at least 3-feet in width unless
otherwise approved by the Zoning and Development Administrator in writing. The entry may be gated
and 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 fagade 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 shall incorporate pedestrian connections to adjacent residential and
commercial properties where sidewalks exist unless this requirement is otherwise waived by the
Planning Commission."
PASSED and APPROVED on 11/16/2021
Attest: '011RK i�RF�',,
—� FAYET71kLE
Kara Paxton, City Clerk Treasurtr!�-•, y
�i9sy• IiklNSP`;.•may`���
Page 2 Printed on 11/17121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0868
Agenda Date: 11/16/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.6
AMEND § 166.23 URBAN RESIDENTIAL DESIGN STANDARDS:
AN ORDINANCE TO AMEND § 166.23 URBAN RESIDENTIAL DESIGN STANDARDS OF THE
UNIFIED DEVELOPMENT CODE TO PROMOTE PEDESTRIAN CROSS ACCESS AND REQUIRE
UNOBSTRUCTED ACCESS FROM RESIDENTIAL BUILDINGS TO PUBLIC SIDEWALKS
WHEREAS, Fayetteville's Urban Residential Design Standards require dwellings to have street -facing entries
and access to sidewalk when they are located on the ground -level and street adjacent, but the lack of
specificity about the manner and degree of access has led to some recent projects utilizing non-standard and
possibly inadequate surfacing materials and the installation of pedestrian connections leading to fenced -in or
otherwise inaccessible entries; and
WHEREAS, the Planning Commission recommends amending the Urban Residential Design Standards to
address the issue of accessibility as well as the inability to require pedestrian cross access where it is
accommodated by adjacent properties.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (C)(4)
Pedestrian Circulation in § 166.23 Urban Residential Design Standards and enacts a new (C)(4) as
follows:
"(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 unobstructed to the public sidewalk where sidewalk exists in a manner
to allow occupants to access from the interior of the structure to the City sidewalk. The connection shall match
the sidewalk in material type and shall be at least 3-feet in width unless otherwise approved by the Zoning and
Development Administrator in writing. The entry may be gated and 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 fagade of the building parallel to the street for a maximum of 12 feet from the
door before connecting directly to the public sidewalk.
City of Fayetteville, Arkansas Page 1 Printed on 11/17/2021
File Number: 2021-0868
(b) Urban residential projects shall incorporate pedestrian connections to adjacent residential and commercial
properties where sidewalks exist unless this requirement is otherwise waived by the Planning Commission."
City of Fayetteville, Arkansas Page 2 Printed on 11/17/2021
City of Fayetteville Staff Review Form
2021-0868
Legistar File ID
11/16/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 10/29/2021 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
ADM-2021-000071: Administrative Item: (Amend UDC Chapter 166.23, Urban Residential Design Standards):
Submitted by CITY STAFF and the PLANNING COMMISSION for revisions to UDC Chapter 166.23. The proposed code
change would promote pedestrian cross access and require unobstructed, durable access from residential buildings
to public sidewalks.
Account Number
Project Number
Budgeted Item? No
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
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
%PF ARKANSAS
MEETING OF NOVEMBER 16, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
CITY COUNCIL MEMO
FROM: Planning Commission Long -Range Subcommittee
Jonathan Curth, Development Services Director
DATE: October 29, 2021
SUBJECT: ADM-2021-000071: Administrative Item: (Amend UDC Chapter 166.23,
Urban Residential Design Standards): Submitted by CITY STAFF and the
PLANNING COMMISSION for revisions to UDC Chapter 166.23. The proposed
code change would promote pedestrian cross access and require unobstructed,
durable access from residential buildings to public sidewalks.
RECOMMENDATION:
City staff and the Planning Commission recommend approval of an amendment to §166.23,
Urban Residential Design Standards, of the Unified Development Code to promote pedestrian
cross access and require unobstructed, durable access from residential buildings to public
sidewalks.
BACKGROUND:
Fayetteville's Urban Residential Design Standards require dwellings to have street -facing
entries and access to sidewalk when they are located on the ground -level and street adjacent.
Recent projects made evident a lack of specificity about the manner and degree of access. As a
result, some projects have utilized non-standard and possibly inadequate surfacing materials,
including organic matter like mulch. Further, required pedestrian connections were installed to
direct residents and other users to fenced -in or otherwise inaccessible entries.
A further concern noted by the Commission is the inability to require pedestrian cross access
where it is accommodated by adjacent properties. This has led to projects on large tracts of land
with limited to no connectivity. Where a subdivision includes public streets that afford mobility,
large multi -family developments often do not, resulting in reduced access and increased vehicle
dependence.
The Long -Range Planning Subcommittee of the Planning Commission asserts that both issues
represent a conflict with the stated purpose of Fayetteville's Urban Residential Design
Standards: "to create appealing street scenes so that development enchances the images of the
city and provides safe, pedestrian -friendly neighborhood environments." By installing mulch or
other loose materials, pathways to entrances were found to erode and track -out on to public
sidewalk. Additionally, pathways to entrances that were obstructed by un-gated fencing or walls
negated the ability of residents to directly access their dwellings, in some cases directing them
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
to parking lots or the rear of a dwelling where they can not benefit from the natural surveillance
associated with street activity.
DISCUSSION:
To address the issues, the Long -Range Planning Subcommittee in conjunction with staff drafted
a text amendment to the Urban Residential Design Standards. The first addresses the standard
for pedestrian connections to be unobstructed and made of durable materials. This includes an
avenue for administrative relief from the City's Zoning and Development Administrator. The
second amendment requires connecting to sidewalks on adjacent commercial and residential
properties when they are present. These amendments are proposed as follows:
(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 unobstructed
to the public sidewalk where sidewalk exists in a manner to allow occupants to
access from the interior of the structure to the City sidewalk. The connection shall
match the sidewalk in material type and shall be at least 3-feet in width unless
otherwise approved by the Zoning and Development Administrator in writing. The
entry may be gated and 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 shall should incorporate pedestrian connections to
adjacent residential and commercial properties where sidewalks exist unless this
requirement is otherwise waived by the Planning Commission. ^nrl lop +Fads exist
girl GaR be eAeR ed in the f t ire
At their October 25, 2021 meeting, the Planning Commission forwarded the request with a vote
of 7-0-0. Commissioner Johnson made the motion and Commission Canada provided the
second. Two amendments were proposed at the meeting and incorporated in to the proposal
attached herein. First was a clarification that cross access would only be required in instances
where existing sidewalk is present. The second was to incorporate language preventing
pedestrian entries from being obstructed while allowing gates or similar access control. No
public comment was heard.
BUDGET/STAFF IMPACT:
None
Attachments:
• Exhibit `A'
0 Proposed Ordinance Amendment in Strikeout/Highlight
EXHIBIT `A'
ADM-2021-000071
166.23 Urban Residential Design Standards
(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
unobstructed to the public sidewalk where sidewalk exists in a manner to allow
occupants to access from the interior of the structure to the City sidewalk. The
connection shall match the sidewalk in material type and shall be at least 3-feet
in width unless otherwise approved by the Zoning and Development
Administrator in writing. The entry may be gated and 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 fagade
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 shall incorporate pedestrian connections to adjacent
residential and commercial properties where sidewalks unless this requirement is
otherwise waived by the Planning Commission.
166.23 Urban Residential Design Standards
(A) Purposes.
(1) To protect and enhance Fayetteville's appearance, identity, and natural and economic
vitality.
(2) To create appealing street scenes so that development enhances the image of the city
and provides safe, pedestrian -friendly neighborhood environments.
(3) To minimize service and parking impacts in order to preserve surrounding property
values and scenic resources that contribute to the city's economic development.
(4) To compose attractive residential facades that enhance the economic viability of and
provide compatibility with surrounding property.
(B) Applicability. All references to urban residential design standards shall include the following
uses as permitted by right or conditional use in all zoning districts:
(1) 2-F, Two (2) family dwellings
(2) 3-F, Three (3) family dwellings
(3) MF, Multi -family dwellings
(C) Site Development Standards. The following site development standards shall apply for all
urban residential development.
(1) Intent. The intent of these site development standards is to create a pedestrian -
friendly 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
unobstructed to the public sidewalk where sidewalk exists in a manner to allow
occupants to access from the interior of the structure to the City sidewalk. The
connection shall match the sidewalk in material type and shall be at least 3-feet
in width unless otherwise approved by the Zoning and Development
Administrator in writing. The entry may be gated and 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 fagade
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 shall should incorporate pedestrian connections to
adjacent residential and commercial properties where sidewalks exist unless this
requirement is otherwise waived by the Planning Commission. and/er trails
and ron be extern ed in the future-.
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(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.
(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.
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
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 fagades
that are greater than 48 feet wide along the street frontage:
(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.
(iv) One (1) or more of the following architectural elements shall be required of
all principal fagades that are 48 feet wide or less along the street frontage:
(a)
Balconies;
(b)
Bays or bay windows;
(c)
Porches;
(d) Dormers;
(e) Porticos;
(f) Turrets; or
(g) Other architectural feature approved by the Development Review
Manager 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 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; Ord. No. 6357, §§1, 2, 9-15-20)
1
�r
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas
Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so
related to this publication at and during the publication of the annexed legal advertisement
the matter of. Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below,
and that during said periods and at said dates, said newspaper
was printed and had a bona fide circulation in said County;
that said newspaper had been regularly printed and published
in said County, and had a bona fide circulation therein for the
period of one month before the date of the first publication of
said advertisement; and that said advertisement was published
in the regular daily issues of said newspaper as stated below.
City of Fayetteville
Ord 6508
Was inserted in the Regular Edition on:
November 21, 2021
Publication Charges: $183.92
Cathy Wiles
Benton COUNTY
_ NOTARY PUBLIC - ARKANSAS
Brittany , mith — lion Expires 02-20-2024
Commission No. 12397118
Subscribed and sworn to before me
This ?2 day of tJC4/ , 2021.
"- I AZ4
Notary Public ' I�r�
My Commission xpires:
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
Ordinance: 6508
File Number: 2021-0868
AMEND § 166.23 URBAN
RESIDENTIAL DESIGN
STANDARDS:
AN ORDINANCE TO AMEND §
166.23 URBAN RESIDENTIAL
DESIGN STANDARDS
OF THE UNIFIED
DEVELOPMENT CODE TO
PROMOTE PEDESTRIAN
CROSS ACCESS AND REQUIRE
UNOBSTRUCTED ACCESS
FROM RESIDENTIAL
BUILDINGS TO PUBLIC
SIDEWALKS
WHEREAS, Fayetteville's Urban
Residential Design Standards
require dwellings to have street -
facing entries and access to
sidewalk when they are located on
the ground -level and street
adjacent, but the lack of specificity
about the manner and degree of
access has led to some recent
projects utilizing non-standard and
possibly inadequate surfacing
materials and the installation of
pedestrian connections leading to
fenced -in or otherwise inaccessible
entries; and
WHEREAS, the Planning
Commission recommends
amending the Urban Residential
Design Standards to address the
issue of accessibility as well as the
inability to require pedestrian cross
access where it is accommodated
by adjacent properties.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE. ARKANSAS:
Section I: That the City Council of
the City of Fayetteville, Arkansas
hereby repeals subsection (C)
(4) Pedestrian Circulation
in §166.23 Urban Residential
Design Standards and enacts a new
(C)(4) as follows:
"(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
unobstructed to the public sidewalk
where sidewalk exists in a manner
to allow occupants to access from
the interior of the structure to the
City sidewalk. The connection shall
match the sidewalk in material type
and shall be at least 3-feet in width
unless otherwise approved by the
Zoning and Development
Administrator in writing. The entry
may be gated and shared but must
occur at a spacing of no fewer than
one (1) entrance for every two (2)
stint level dwellings. The
pedestrian connection to the street
may run from the door along the
f&Fade 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 shall incorporate pedestrian
connections to adjacent residential
and commercial properties where
sidewalks exist unless this
requirement is otherwise waived by
the Planning Commission."
PASSED and APPROVED on
11/16/2021
Lioneld Jordan, Mayor
Kara Paxton, City Clerk Treasurer
Paid for by: The City Clerk -
Treasurer of the City of Fayetteville,
Arkansas. Amount paid: $183.92.
75491358 Nov 21, 2021