HomeMy WebLinkAboutOrdinance 6539113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6539
File Number: 2022-0038
AMEND SECTIONS 156.03 DEVELOPMENT, PARKING AND LOADING, 166.02
DEVELOPMENT REVIEW PROCESS, 168.07 PERMIT PROCEDURES, 168.09
APPEALS AND 168.10 PROVISIONS FOR FLOOD HAZARD REDUCTION:
AN ORDINANCE TO AMEND SECTIONS 156.03 DEVELOPMENT, PARKING AND
LOADING, 166.02 DEVELOPMENT REVIEW PROCESS, 168.07 PERMIT
PROCEDURES, 168.09 APPEALS AND 168.10 PROVISIONS FOR FLOOD HAZARD
REDUCTION OF THE UNIFIED DEVELOPMENT CODE TO ADDRESS INCORRECT
REFERENCES, CLARIFY WHAT QUALIFIES AS EXISTING IMPERVIOUS AREA, AND
REMOVE REDUNDANCIES AND AMBIGUITIES FROM THE FLOOD DAMAGE
PREVENTION CODE
WHEREAS, on June 15, 2021, the City Council passed Ordinance 6446 making revisions to the
City's stormwater regulations; and
WHEREAS, since passage of Ordinance 6446, staff identified some provisions that required
clarification or the removal of redundant or ambiguous language; and
WHEREAS, on January 10, 2022, these revisions were presented to the Planning Commission which
voted unanimously to forward them to the 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 repeals subsection (C)(7)
(c) of § 156.03 Development, Parking and Loading and enacts a replacement subsection (C)(7)(c)
as follows:
"(c) Generally, variances may be issued for new construction and substantial improvements to be
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Ordinance: 6539
File Number.' 2022-0038
erected on a lot '/z acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing items listed in § 168.05(B)(4) have been fully
considered. As the lot size increases beyond half acre, the technical justification required for issuing the
variance increases."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (C)(7)
(g) of § 156.03 Development, Parking and Loading and enacts a replacement subsection (C)(7)(g)
as follows:
"(g) Variances may be issued for new construction and substantial improvements and for other
development necessary for the conduct of a functionally dependent use provided that the provisions of
§ I68.05(B)(4) are considered and that the structure or other development is protected by methods
that minimize flood damages during the base flood and create no additional threats to public safety."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (C)(7)
of § 156.03 Development, Parking and Loading by enacting a new subsection (i) as follows:
(i) Streamside Protection Zones.
(i) Undue Hardship. If the provisions of the Streamside Protection Zones are shown by the owner
or developer to cause undue hardship as strictly applied to the owner or developer's property because
of its unique characteristics, the Planning Commission may grant a variance on a permanent or
temporary basis from such provision so that substantial justice may be done and the public interest
protected, provided that the variance will not have the effect of nullifying the intent and purpose of the
Streamside Protection regulations.
(ii) Consideration of Alternative Measures. The applicant for the variance shall establish that a
reasonable rezoning by the City Council or variance request from the Board of Adjustment will not
sufficiently alleviate the claimed undue hardship caused by the Streamside Protection regulations.
(iii) Conditions and Safeguards. In granting any variance, the Planning Commission may
prescribe appropriate conditions and safeguards to substantially secure the objectives and purpose for
the regulations so varied and to mitigate any detrimental effects the variance may cause. The Planning
Commission should consider the Streamside Protection Best Management Practices Manual and any
mitigation recommendations from the City Engineer.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (C)
(10) of § 156.03 Development, Parking and Loading by repealing it in its entirety.
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (E)(2)
of § 166.02 Development Review Process by repealing it and enacting a new subsection (E)(2) and
"Required Mitigation Measures and Documentation by Development Threshold" table as shown in
Page 2 Printed an 312122
Ordinance: 6539
File Number. 2022-0038
Exhibit A attached hereto and made a part hereof.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (C) of
§ 168.07 Permit Procedures.
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends § 168.08
Variances by repealing it and enacting a new § 168.08 as follows:
"Applicants may submit petitions for variances per the requirements of the variances chapter of the
Unified Development Code."
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby amends § 168.09
Appeals by repealing it and enacting a new § 168.09 as follows:
"168.09 Appeals from Staff Interpretations and Actions
Applicants may appeal decisions of the Floodplain Administrator per the requirements of the appeals
chapter of the Unified Development Code."
Section 9: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (T)(5)
of § 168.10 Provisions for Flood Hazard Reduction and renumbering the following subsection
accordingly.
Section 10: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (U)
(1) of §168.10 Provisions for Flood Hazard Reduction by repealing it and enacts a new subsection
as follows:
"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 channel velocities (0.0 feet per second) on the subject property or any
property upstream or downstream, and"
Section 11: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (U)
of § 168.10 Provisions for Flood Hazard Reduction by enacting a new subsection (U)(4) as
follows:
"(4) Provided that this shall not apply for a single accessory structure per lot placed on existing grade
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Ordinance: 6539
File Number: 2022-0038
(no proposed fill material), without a foundation and no larger than 150 square feet, including storage
sheds, playground equipment, gazebos, etc ... that is not located within a regulatory floodway and
constructed in compliance with the remainder of this code."
PASSED and APPROVED on 3/1/2022
Attest: f��r��I,
Aa Fq�---- .�;
Kara Paxton, City Clerk Treasurer 4•
OF
Toll
Page 4 Printed on 312122
EXHIBIT A
(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 on March 3, 2021 which corresponds with the
City of Fayetteville 2021 imagery.
Required Mitigation Measures and Documentation by Development Threshold
Development City-wide Grading and Drainage/ Water Quality, Flood, and
Threshold Standard Stormwater Documentation Tree
Mitigation Measures
1,201--6,000 sf
of IA
Exempt from Grading and
Drainage provisions except
for those still associated with
the Building Permit process
such as HHOD
• Completed Green
Stormwater Practice (GSP)
Worksheet, demonstrating
Runoff Reduction via Better
Site Design.
• GSP Operation &
Maintenance (O & M)
Agreement to ensure the
long-term functionality of
these practices.
from Step 1 of Table 2
that Reduce Runoff via
Better Site Design
• 1 or more Green
Stormwater Practices
(GSPs) measures from
Step 2 of Table 2 as
required to treat 100% of
the proposed additional
impervious and gravel
areas.
Same as Level 2.
As needed GSP
measures from Step 3 to
further reduce runoff
referred to as extended
detention
• Abbreviated Tree
Preservation Plan
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0038
Agenda Date: 3/1/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.3
AMEND SECTIONS 156.03 DEVELOPMENT, PARKING AND LOADING, 166.02
DEVELOPMENT REVIEW PROCESS, 168.07 PERMIT PROCEDURES, 168.09 APPEALS AND
168.10 PROVISIONS FOR FLOOD HAZARD REDUCTION:
AN ORDINANCE TO AMEND SECTIONS 156.03 DEVELOPMENT, PARKING AND LOADING,
166.02 DEVELOPMENT REVIEW PROCESS, 168.07 PERMIT PROCEDURES, 168.09 APPEALS
AND 168.10 PROVISIONS FOR FLOOD HAZARD REDUCTION OF THE UNIFIED
DEVELOPMENT CODE TO ADDRESS INCORRECT REFERENCES, CLARIFY WHAT QUALIFIES
AS EXISTING IMPERVIOUS AREA, AND REMOVE REDUNDANCIES AND AMBIGUITIES FROM
THE FLOOD DAMAGE PREVENTION CODE
WHEREAS, on June 15, 2021, the City Council passed Ordinance 6446 making revisions to the City's
stormwater regulations; and
WHEREAS, since passage of Ordinance 6446, staff identified some provisions that required clarification or
the removal of redundant or ambiguous language; and
WHEREAS, on January 10, 2022, these revisions were presented to the Planning Commission which voted
unanimously to forward them to the 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 repeals subsection (C)(7)(c) of §
156.03 Development, Parking and Loading and enacts a replacement subsection (C)(7)(c) as follows:
"(c) Generally, variances may be issued for new construction and substantial improvements to be erected on a
lot'/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the
base flood level, providing items listed in § 168.05(B)(4) have been fully considered. As the lot size increases
beyond half acre, the technical justification required for issuing the variance increases."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (C)(7)(g) of §
156.03 Development, Parking and Loading and enacts a replacement subsection (C)(7)(g) as follows:
"(g) Variances may be issued for new construction and substantial improvements and for other development
necessary for the conduct of a functionally dependent use provided that the provisions of § 168.05(B)(4) are
City of Fayetteville, Arkansas Page 1 Printed on 31212022
File Number: 2022-0038
considered and that the structure or other development is protected by methods that minimize flood damages
during the base flood and create no additional threats to public safety."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (C)(7) of §
156.03 Development, Parking and Loading by enacting a new subsection (i) as follows:
(i) Streamside Protection Zones.
(i) Undue Hardship. If the provisions of the Streamside Protection Zones are shown by the owner or
developer to cause undue hardship as strictly applied to the owner or developer's property because of its
unique characteristics, the Planning Commission may grant a variance on a permanent or temporary basis from
such provision so that substantial justice may be done and the public interest protected, provided that the
variance will not have the effect of nullifying the intent and purpose of the Streamside Protection regulations.
(ii) Consideration of Alternative Measures. The applicant for the variance shall establish that a
reasonable rezoning by the City Council or variance request from the Board of Adjustment will not
sufficiently alleviate the claimed undue hardship caused by the Streamside Protection regulations.
(iii) Conditions and Safeguards. In granting any variance, the Planning Commission may prescribe
appropriate conditions and safeguards to substantially secure the objectives and purpose for the regulations so
varied and to mitigate any detrimental effects the variance may cause. The Planning Commission should
consider the Streamside Protection Best Management Practices Manual and any mitigation recommendations
from the City Engineer.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (C)(10) of §
156.03 Development, Parking and Loading by repealing it in its entirety.
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (E)(2) of
§ 166.02 Development Review Process by repealing it and enacting a new subsection (E)(2) and "Required
Mitigation Measures and Documentation by Development Threshold" table as shown in Exhibit A attached
hereto and made a part hereof.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (C) of §
168.07 Permit Procedures.
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends § 168.08 Variances by
repealing it and enacting a new § 168.08 as follows:
"Applicants may submit petitions for variances per the requirements of the variances chapter of the Unified
Development Code."
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby amends § 168.09 Appeals by
repealing it and enacting a new § 168.09 as follows:
"168.09 Appeals from Staff Interpretations and Actions
Applicants may appeal decisions of the Floodplain Administrator per the requirements of the appeals chapter of
the Unified Development Code."
City of Fayetteville, Arkansas Page 2 Printed on 31212022
File Number: 2022-0038
Section 9: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (T)(5) of §
168.10 Provisions for Flood Hazard Reduction and renumbering the following subsection accordingly.
Section 10: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (U)(1) of
§ 168.10 Provisions for Flood Hazard Reduction by repealing it and enacts a new subsection as follows:
"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 channel
velocities (0.0 feet per second) on the subject property or any property upstream or downstream, and"
Section 11: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (U) of
§ 168.10 Provisions for Flood Hazard Reduction by enacting a new subsection (U)(4) as follows:
"(4) Provided that this shall not apply for a single accessory structure per lot placed on existing grade (no
proposed fill material), without a foundation and no larger than 150 square feet, including storage sheds,
playground equipment, gazebos, etc ... that is not located within a regulatory floodway and constructed in
compliance with the remainder of this code."
City of Fayetteville, Arkansas Page 3 Printed on 31212022
City of Fayetteville Staff Review Form
2022-0038
Legistar File ID
2/15/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Chris Brown 1/15/2022 ENGINEERING (621)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of revisions to Chapter 156, 166 and 168 of the Unified Development Code to address incorrect
references, clarify existing impervious area and remove an ambiguous clause from the flood damage prevention
code.
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
ARKANSAS
MEETING OF FEBRUARY 15, 2022
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
DATE: January 13, 2022
CITY COUNCIL MEMO
SUBJECT: Approval of revisions to Chapter 156, 166 and 168 of the Unified
Development Code to address incorrect references, clarify existing
impervious area and remove an ambiguous clause from the flood damage
prevention code.
RECOMMENDATION:
Staff recommends approval of revisions to Chapter 156, 166 and 168 of the Unified
Development Code to address incorrect references, clarify existing impervious area and remove
an ambiguous clause from the flood damage prevention code.
BACKGROUND:
The City Council approved many changes to the Unified Development Code in June of 2021.
These revisions addressed many of the stormwater issues associated with the Residential Single
Family and Duplex exemption from stormwater requirements as that had become a predominant
infill development pattern over the last several years.
DISCUSSION:
Subsequent to the revisions in June, a few minor clarifications as well as incorrect references
were discovered. These are listed in more detail below:
Chapter 156.03: Revise the references to the Flood Damage Prevention code to the
appropriate sections and move the Streamside Protection Zone procedures under the
flood damage prevention section.
Chapter 166.02: Clarify the date that existing impervious must be present to be counted
as existing impervious in the stormwater calculations and what portions of a development
must be treated by the Green Stormwater Practices.
Chapter 168.07: Remove redundant references to the appeal process, reference the
current variance and appeals sections of the code and remove a now ambiguous clause
regarding areas outside the special flood hazard area. This clause was applicable to Zone
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
A areas but is no longer applicable to those areas and appears overly broad and in conflict
with other portions of code such as streamside protection.
• Chapter 168.10: Allow for the installation of a small accessory structure without the need
for additional flood analysis in keeping with the streamside protection provisions.
These items were forwarded to City Council from the January 10, 2022 Planning Commission
Meeting. The meeting information is attached for reference.
BUDGET/STAFF IMPACT:
None
Attachments:
Redlined code amendments
Planning Commission Report
CHAPTER 156: VARIANCES
156.03 (C)(7) Flood Damage Prevention Code
(7) Flood Damage Prevention Code. The Planning Commission shall hear and decide requests for variances
from the requirement of this ordinance.
(a) In passing upon such applications, the Planning Commission shall consider all technical
evaluations, all relevant factors, and standards specified in other sections of this ordinance.
(b) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed
in the National Register of Historic Places, without regard to the procedures identified in the
remainder of this ordinance. Variances may only be issued for such repair, or rehabilitation if
strict enforcement of the ordinance would preclude the structure's continued designation as a
historic structure, and the variance is the minimum necessary to preserve the historic character
and design of the structure.
(c) Generally, variances may be issued for new construction and substantial improvements to be
erected on a lot %2 acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing items (, ` thFe gh (! ` ^{listed in
§168.035(BA)j4L-have been fully considered. As the lot size increases beyond half acre, the
technical justification required for issuing the variance increases.
(d) Variances shall not be issued within any designated floodway if any increase in flood levels during
the base flood discharge would result.
(e) Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(f) Floodplain variances shall only be issued if:
(i) There are exceptional or extraordinary circumstances or conditions applicable to the
property involved or to the intended use of the property, which do not apply generally to
other property in the same flood zone;
(i i) A determination that failure to grant the variance would result in exceptional hardship to
the applicant; and,
(iii) A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict with the other provisions of the Code of
Fayetteville.
(g) Variances may be issued for new construction and substantial improvements and for other
development necessary for the conduct of a functionally dependent use provided that the
provisions of §168.0-35(BA)(4) are satisfied considered and that the structure or other
development is protected by methods that minimize flood damages during the base flood and
create no additional threats to public safety.
(h) Upon consideration of the factors in this section, and the purpose of this ordinance, the Planning
Commission may impose conditions to the granting of floodplain variances as it deems necessary
to further the purpose of this ordinance.
(i) Any applicant to whom a variance is granted shall be given written notice that the structure
will be permitted to be built with a lowest floor elevation below the regulatory flood
elevation surcharge and that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall
be recorded by the floodplain administrator in the office of the Washington Cou my Clerk
and shall be recorded in a manner so that it appears in the chain of title of the affected
parcel of land.
(i) Streamside Protection Zones.
(ia) Undue Hardship. If the provisions of the Streamside Protection Zones^ ee are shown
by the owner or developer to cause undue hardship as strictly applied to the owner or
developer's property because of its unique characteristics. the Planning Commission may
rant a variance on a permanent or temporary basis from such provision so that substantial
justice may be done and the public interest protected, provided that the variance will not
have the effect of nullifying the intent and purpose of the Streamside Protection
regulations.
(bii) Consideration of Alternative Measures. The applicant for the variance shall establish that a
reasonable rezoning by the City Council or variance request from the Board of Adjustment
will not sufficiently alleviate the claimed undue hardship caused by the Streamside
Protection regulations.
(eiii) Conditions and Safeguards. In granting any variance. the Planning Commission may
prescribe appropriate conditions and safeguards to substantially secure the objectives and
purpose for the regulations so varied and to mitigate any detrimental effects the variance
may cause. The Planning Commission should consider the Streamside Protection Best
Management Practices Manual and any mitigation recommendations from the City
Engineer.
(8) Outdoor Lighting Plan.
(a) Undue Hardship. So that substantial justice may be done and the public interest secured, a
developer may petition the Planning Commission for a variance from the requirements of
Chapter 176: Outdoor Lighting, by showing that their strict application would cause undue
hardship as applied to the proposed development; provided that such variance shall not have the
effect of nullifying the intent and purpose of the chapter.
(b) Conditions. In granting variances, the Planning Commission may impose such conditions as will, in
its judgment, secure substantially the objectives of the requirements so varied.
(9) Bicycle rack variance. The Planning Commission may modify the design standards or the requirement
for a bicycle rack.
(Ord. No. 4714, 6-21-05; Ord. No. 4930, 10-3-06; Ord. No. 5296, 12-15-09; Ord. No. 5372, 12-7-10; Ord. No. 5390,
3-1-11; Ord. No. 5680, 4-15-14; Ord. No. 5814, §§1, 2, 10-6-15)
CHAPTER 166: DEVELOPMENT
Sections:
166.02 Development Review Process
(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 pfkw4eon the e4eetive date of this erdina eeMarch 3, 2021 which corresponds with
the City of Fayetteville 2021 imagery.
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
Level 1
< or =
Exempt from Grading and Drainage
Exempt
1,200 sf
provisions except for those still
of IA
associated with the Building Permit
process such as HHOD
Level 2
1,201—
• Completed Green Stormwater
2 or more measures from Step 1
6,000 sf
Practice (GSP) Worksheet,
of Table 2 that Reduce Runoff via
of IA
demonstrating Runoff Reduction
Better Site Design
via Better Site Design.
• 1 or more Green Stormwater
• GSP Operation & Maintenance
Practices (GSPs) measures from
(0 & M) Agreement to ensure the
Step 2 of Table 2 as required to
long-term functionality of these
treat 100% of the wed
practices.
POFt+ee proposed additional
impervious and gravel areas of the
&
Level 3
6,001—
Same as Level 2.
• Same as Level 2.
10,000 sf
• As needed GSP measures from
of IA
Step 3 to further reduce runoff,
referred to as extended detention
• Abbreviated Tree Preservation
Plan
CHAPTER 168: FLOOD DAMAGE PREVENTION CODE
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. Section 168.10(A) contains
standards for all developments in all risk zones. Section 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
perrnit is subject to appeal to the designated Appeal Board. Within Fayetteville, Arkansas the designat
Appeal Board is the City Couned-.
(Ord. No. 5141, 5-6-08; Ord. No. 6446, §10(Exh. E), 6-15-21)
(Supp. No. 22)
Created: 2021-08-26 11:28:51 [EST]
Page 4 of 7
168.08 Variances
Applicants may submit petitions for variances per the requirements of § 56, 0 6).the variances chapter of the
Unified Development Code
(Ord. No. 5141, 5-6-08)
168.09 Appeals from Staff Interpretations and Actions
Applicants may appeal decisions of the Floodplain Administrator per the requirements of §' 55.^��Tthe
appeals chapter of the Unified Development Code.
(Ord. No. 5141, 5-6-08)
168.10 Provisions for Flood Hazard Reduction
M 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.
Flaad
Hnzartl
Area
Do This
(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 of 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.)
(Supp. No. 22)
Created: 2021-08-26 11:28:51 [EST]
Page 5 of 7
(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.
in any aFea that is located outside a special flood hazaFd aFea, but wheFe a stream is located, nG
building or fill maybe located within a dista nee of the stream bank equal to two and one half (21%) the
width of the StFeaFn measUFed fFOM tOP of bank to top of bank, OF 25 feet on each side, whicheveF
gFeater.
(6651} 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.
(a) 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.
(b) 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 channel 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
(Supp. No. 22)
Created: 2021-08-26 11:28:51 [EST]
Page 6 of 7
(3) The proposed development provides compensatory storage for any measurable loss of flood storage
capacity.
{4)(4) Provided that this shall not apply for a single accessory structure per lot placed on existing grade
(no proposed fill material), without a foundation and no larger than 150 square feet, including
storage sheds, playground equipment, gazebos, etc ... that is not located within a regulatory floodway
and constructed in compliance with the remainder of this code.
(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.
(Supp. No. 22)
Created: 2021-08-26 11:28:51 [EST]
Page 7 of 7
CITY OF
ti FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: City of Fayetteville Planning Commission
FROM: City Engineering Division
MEETING DATE: January 10, 2022 Updated with PC hearing results from 1/10/2022
SUBJECT: ADM-2021-000076 Administrative Item (Amend UDC 156, 166, 168:
Development Standards): Submitted by the City of Fayetteville
Engineering Division for revisions to Chapter 156, 166 and 168 of the
Unified Development Code to address incorrect references, clarify
existing impervious area and remove an ambiguous clause from the flood
damage prevention code.
RECOMMENDATION:
The City of Fayetteville Engineering Divsion recommends forwarding the proposed code change
to the City Council with a recommendation for approval.
RECOMMENDED MOTION: "1 move to forward ADM-2021-000076 to the City Council with a
recommendation for approval."
BACKGROUND:
The City Council approved many changes to the Unified Development Code in June of 2021.
These revisions addressed many of the stormwater issues associated with the Residential Single
Family and Duplex exemption from stormwater requirements as that had become a predominant
infill development pattern over the last several years.
DISCUSSION:
Subsequent to the revisions in June, a few minor clarifications as well as incorrect references
were discovered. These are listed in more detail below:
Chapter 156.03: Revise the references to the Flood Damage Prevention code to the
appropriate sections and move the Streamside Protection Zone procedures under the
flood damage prevention section.
Chapter 166.02: Clarify the date that existing impervious must be present to be counted
as existing impervious in the stormwater calculation and what areas must be directed to
the new green stormwater practices.
Chapter 168.07: Remove redundant references to the appeal process, reference the
current variance and appeals sections of the code and remove a now ambiguous clause
regarding areas outside the special flood hazard area. This clause was applicable to Zone
A areas but is no longer applicable to those areas and appears overly broad and in conflict
with other portions of code such as streamside protection. This also includes the
Mailing Address: Planning Commission
113 W. Mountain Street www.fayettevOF--�T.'W' 2022
Fayetteville, AR 72701 Age da Item 9
ADM 21-000076 Amend UDC 156, 166, 168
Page 1 of 9
exemption of small sheds from the flood study requirement and clarification that the
concern is with channel velocities rather than channel and overbank velocities.
BUDGET/STAFF IMPACT:
None
Planning Commission Action: O Approved A Forwarded O Denied
With a
Meeting Date: January 10, 2022 recommendation of
Motion: Sparkman
approval
Second: Belden
Vote: 8-0-0
BUDGET/STAFF IMPACT:
N/A
Attachments:
Redlined code amendments
Planning Commission
January 10, 2022
Agenda Item 9
ADM 21-000076 Amend UDC 156, 166, 168
Page 2 of 9
EXHIBIT A
(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 on March 3, 2021 which corresponds with the
City of Fayetteville 2021 imagery.
Required Mitigation Measures and Documentation by Development Threshold
Development City-wide Grading and Drainage/ Water Quality, Flood, and
Threshold Standard Stormwater Documentation Tree
Mitigation Measures
Level 1
< or = 1,200 sf of
Exempt from Grading and
Exempt
IA
Drainage provisions except
for those still associated with
the Building Permit process
such as HHOD
Level 2
1,201 6,000 sf
• Completed Green
2 or more measures
of IA
Stormwater Practice (GSP)
from Step 1 of Table 2
Worksheet, demonstrating
that Reduce Runoff via
Runoff Reduction via Better
Better Site Design
Site Design.
I or more Green
• GSP Operation &
Stormwater Practices
Maintenance (O & M)
(GSPs) measures from
Agreement to ensure the
Step 2 of Table 2 as
long-term functionality of
required to treat 100% of
these practices.
the proposed additional
impervious and gravel
areas.
Level 3
6,001 10,000 sf
Same as Level 2.
• Same as Level 2.
of IA
• As needed GSP
measures from Step 3 to
further reduce runoff
referred to as extended
detention
• Abbreviated Tree
Preservation Plan
NORTHWEST ARKAINSAS
.Democrat (Oa tttt
} � 2,0X IC ? cs+ci'_>iLLE, 0.. ^2 • 4 79-9 L-i 7C • . Y "? 64_ plg • 404;'Pl.tiCiI,N C,^,f
AFFIDAVIT OF PUBLICATIOiV
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 6539
Was inserted in the Regular Edition on:
March 6, 2022
Publication Charges: $492.48
t
Brittany Smith
Subscribed and sworn to before me
This 7 day of Aa, , 2022.
04_vr,-� V v
Notary Public
My Commission Expires: 2�
**NOTE** Please do not pay from Affidavit
Invoice will �aAnt
y leS
Benton COUNTY
NOTARY PUBLIC—ARKANSAS
My Commission Expires 02-20-2024
Commission No, 123971/8
Ordinance:6539
File Number: 2022-0039
AMEND SECTIONS 156.03
DEVELOPMENT, PARKMG
AND LOADING, 166.02
DEVELOPMENT REVIEW
PROCESS, 168.07 PERMIT
PROCEDURES, 168.09
APPEALS AND 168.10
PROVISIONS FOR FLOOD
HAZARD REDUCTION:
AN ORDINANCE TO AMEND
SECTIONS 156.03
DEVELOPMENT, PARKING
AND LOADING, 166.02
DEVELOPMENT REVIEW
PROCESS, 168.07 PERMIT
PROCEDURES, 168.09
APPEALS AND 168.10
PROVISIONS FOR FLOOD
HAZARD REDUCTION OF THE
UNIFIED DEVELOPMENT
CODE TO ADDRESS
INCORRECT REFERENCES,
CLARIFY WHAT QUALIFIES
AS EXISTING IMPERVIOUS
AREA, AND REMOVE
REDUNDANCIES AND
AMBIGUITIES FROM THE
FLOOD DAMAGE
PREVENTION CODE
WHEREAS, on June 15, 2021, the
City Council passed Ordinance
6446 making revisions to the City's
sionnwater regulations: and
WHEREAS, since passage of
Ordinance 6446, staff identified
some provisions that required
clarification or the removal of
redundant or ambiguous language.
and
WHEREAS, on January 10. 2022,
these revisions were presented to
the Planning Commission which
voted unanimously to forward
them to the City Council with a
recommendation of approval.
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 (CX7)
(c) of § 156,03 Development,
Parking and Loading and enacts a
replacement subsection (Cx7xc) as
follows:
"(c) Generally, variances may be
issued for new construction and
substantial improvements to be
erected on a lot Y: acre or less in
size contiguous to and surrounded
by lots with existing stnucttues
constructed below the base flood
level, providing items listed in
§168.05(Bx4) have been fully
considered. As the lot sic
increases beyond half acre, the
technical justification required for
issuing the variance increases."
Section 2: That the City Council of
the City of Fayetteville, Arkansas
hereby repeals subsection (Cx7)
(g) of § 156.03 Development, Parking
and Loading and enacts a replacement
subsection (CX7xg) as follows:
"(g) Variances may be issued for new
construction and substantial
improvements and for other
development necessary for the
conduct of a functionally dependent
use provided that the provisions of
§ 168.05(Bx4) are considered and that
the structure or other development is
protected by methods that minimize
flood damages during the base flood
and create no additional threats to
public safety.'
Section 3. That the City Council of
the City of Fayetteville, Arkansas
hereby amends subsection (CX7) of §
156.03 Development Parking and
Loading by enacting a new subsection
(i) as follows:
0) Streamside Protection
0) Undue Hardship.lfthe
provisions of the Streamside
Protection Zones are shown by the
owner or developer to cause undue
hardship as strictly applied to the
owner or developers property because
of its unique characteristics, the
Planning Commission may grant a
vanance on a permanent or temporary
basis from such provision so that
substantial justice may be done and
the public interest protected, provided
that the variance will not have the
effect of nullifying the intent and
purpose of the Strearrside Protection
regulations.
(it) Considemuon of
Alternative Measures. The applicant
for the variance shall establish that a
reasonable rezoning by the City
Council or variance request from the
Board of Adjustment will not
sufficiently alleviate the claimed
undue hardship "used by the
Streamside Protection regulations.
(iii) Conditions and
Safeguards. In granting any variance,
the Planning Commission may
prescribe appropriate conditions and
safeguards to substantially secure the
objectives and purpose for the
regulations so varied and to mitigate
any detrimental effects the variance
may cause. The Planning Commission
should consider the Streamside
Protection Best Management Practices
Manual and any mitigation
recommendations from the City
Engineer.
Section 4: That the City Council of
the City of Fayetteville, Arkansas
hereby amends subsection (C)
(10) of § 156.03 Development
Parking and Loading by repeating it in
its entirety.
Section 5: That the City Council of
the City of Fayetteville. Arkansas
hereby amends subsection (EX2) of
§ 166.02 Developmct Review Process
by repealing it and enacting a new
subsection (Ex2) and "Required
Mitigation Measures and
Documentation by Development
Threshold" table as shown in
Exhibit A attached hereto and made a
pan hereof.
Section 6: That the City Council of the
City of Fayetteville, Arkansas lurcby
repeals subsection (C) of
§ 168.07 Permit Procedures.
Section 7: That the City Council of the
City of Fayetteville. Arkansas hereby
amends § 168.08
Variances by repealing it and enacting
a new § 168,08 as follows:
"Applicants may submit petitions for
variances per the requirements of the i
variances chapter of the Unified
Development Code."
Section 8: That the City Council of the
City of Fayetteville. Arkansas hereby
amends § 168.09
Appeals by repealing it and enacting a
new § 168.09 as follows:
"168.09 Appeals from Staff
Interpretations and Actions
Applicants may appeal decisions of the
Floodplain Administrator per the
requirements of the appeals chapter of
the Unified Development Code."
Section 9: That the City Council of the
City of Fayetteville, Arkansas hereby
repeals subsection (TX5) of § 168,10
Provisions for Flood Hazard Reduction
and renumbering the following
subsection accordingly.
Section 10: That the City Council of
the City of Fayetteville, Arkansas
hereby amends subsection (U)
(1) of § 168. 10 Provisions for Flood �'..
Hazard Reduction by repealing it and
enacts a new subsection as follows:
—Me applicant has provided a detailed
hydrologic and hydraulic study
j performed by a professional engineer
licensed in the state of Arkansas which
delineates the fltrodway, I%annual
chance
(100-year) floodplam boundary, and
base flood elevations and demonstrates
through a hydrologic and hydraulic
analysis, that the development will not
increase flood flows (0.0 cubic feel per
second), flood heights (0.00 feet) or
flood channel velocities (0.0 fee per
uwnd) on the subject property or any
property upstream or downstream, and"
Section 11: That the City Council of
the City of Fayetimile, Arkansas
hereby amends subsection (U) of
§ 168.10 Provisions for Flood Hazard
Reduction by enacting a new
subsection (UX4) as follows:
"(4) Provided that this shall not apply
for a single accessory structure per lot
placed on existing grade
(no proposed fill material), without a
foundation and no larger than I50
square feet including storage sheds,
playground equipment gazebos,
etc ... that is not located within a
regulatory floodway and constructed in
compliance with the remainder of this
code."
PASSED and APPROVED on
3nr2022
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for by The City Clerk -Treasurer of
the City of Fayetteville, AR. Amount
paid:
S 492.48.
75525632 Mar. 6, 2022
