HomeMy WebLinkAboutOrdinance 6732113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6732
File Number: 2024-1834
ADM IN ISTRATIVE-2024-0008: (AMEND UDC §161.32 — P-1, INSTITUTIONAL):
AN ORDINANCE TO AMEND §161,32 DISTRICT P-1, INSTITUTIONAL OF THE UNIFIED DEVELOPMENT
CODE
WHEREAS, the intent of P-1 zoning districts is to protect and facilitate the use of property owned by larger public
institutions and church -related organizations; and
WHEREAS, staff has identified opportunities to amend § 161.32 District P-1, Institutional to align with the district's
stated intent and the requirements for other zoning districts; and
WHEREAS, the proposed changes will better align P-1 zoning district setback and minimum building height
requirements with those of other zoning districts, add two additional conditional uses, and increase flexibility for
development in various contexts; and
WHEREAS, staff and the Planning Commission recommend approval of the proposed changes.
NOW, THEREFORE, BE IT ORDAINED BV THE CITY COUNCIL OF THE C1TV OF FAVETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 161.32 District P-1,
Institutional and enacts a new § 161.32 District P-1, Institutional as shown in Exhibit A attached hereto.
PASSED and APPROVED on April 2, 2024
Attest:
111111p//
��� T 11�4
G• G ��
op
_�� FAYE�EVILI`L
—A /,0,
Kara Paxton, City Clfrk Treasurer
9• q'QKAN`'•.'J�.`
GTO
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: S
Page 1
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF APRIL 2, 2024
CITY COUNCIL MEMO
2024-1834
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Development Review Manager
SUBJECT: ADM-2024-0008: Administrative Item (Amend UDC CHAPTER 161.32 — P-1,
INSTITUTIONAL): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an
amendment to UDC Chapter 161.32 — District P-1, Institutional. The proposed code
change would modify existing setbacks and allow administrative approval if the
developer decides to use urban form.
RECOMMENDATION:
City staff and the Planning Commission recommend approval of an amendment to the Unified Development
Code amending §161.32, P-1 Institutional, as shown in Exhibit A.
BACKGROUND:
The City of Fayetteville Department of Parks, Natural Resources, and Cultural Affairs is proposing to rezone
approximately 2,400 acres of parkland to P-1, Institutional to align those properties' zoning district with their
current use (RZN-2024-0007). In tandem with this request, staff evaluated the P-1 zoning district and identified
the opportunities to both align the setback requirements of P-1 with similar regulations f in other zoning districts
and insert flexibility for development in varying contexts.
DISCUSSION:
The stated intent of the P-1 zoning district is to "protect and facilitate use of property owned by larger public
institutions and church related organizations." Staff identified four areas that may conflict with that intent:
1. Institutions (i.e., cultural and recreational facilities, religious institutions, and governmental buildings) can
build in other zoning districts where those uses are allowed by -right, but with more flexible standards;
2. P-1 has no form -based option allowing buildings and facilities to address and interact with public streets;
3. Current setbacks are more restrictive in P-1 than what is permitted in other zoning districts for the same
uses; and
4. Uses allowed in the P-1 zoning district only permit activities that are accessory to the primary use, such as
a religious institutions daycare, but not those that can be complimentary, like small-scale businesses or
services.
P-1, Institutional is limited to the following by -right uses: Use Units 1, City -Wide Uses By Right, 4, Cultural and
Recreational Facilities, 5, Government Facilities, and 46, Short -Term Rentals. As a matter of comparison, the
C-2, Thoroughfare Commercial zoning district allows those same uses, also by -right, and offers the flexibility to
construct these with a form -based option (or a build -to -zone), allowing for administrative approval when taking
that option. Currently, institutional uses developing under P-1 zoning do not have the opportunity even if the
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
property's is an urban or more direct publicly -interacting context. Further, the existing traditional setbacks are
more restrictive in P-1 zoning than in C-2 zoning, requiring 30-foot front, 20-foot side, and 25-foot rear when C-
2 would allow for 15-foot, 0-foot, and 20-foot rear setbacks.
Staff also found an inconsistent approach to maximum building heights when compared to other zoning
districts. There is not currently a standard building height maximum allowance in P-1, though there are
additional setback requirements for structures over 2 stories. Staff recommends aligning these requirements
with those of the C-2 zoning district to ensure the City is applying a consistent requirement for these
institutional uses when they are in different zoning districts; C-2 has a 6-story height limitation, with additional
setbacks when adjacent to residential properties. It is worth noting that generally, height restrictions in zoning
ordinance do not apply to spires, belfries, cupolas, or other appurtenances usually required to be placed above
the roof level and not intended for human occupancy. Staff finds that given this allowance, limiting institutional
uses to the same building height requirements as permitted in other zoning districts would not conflict with
those appurtenances often associated with religious or other institutional uses.
Further, staff recommends the addition of two new conditional uses in the P-1 zoning district to ensure that the
district continues to align with its intent to serve institutional uses and cultural and recreational facilities. Firstly,
Use Unit 20 consists of commercial recreation facilities which are usually conducted out-of-doors, on large
sites, and in undeveloped, outlying parts of the city, which may align with future development plans for
properties being used for recreational purposes. Secondly, staff recommends the addition of Use Unit 12b,
which would allow for small-scale retail or other uses that may help serve existing institutional uses. Staff finds
that keeping these uses as conditional still allows for additional discretionary approval, and an overall
evaluation of specific sites and overall compatibility as far as traffic, nuisance, and the public interest are
concerned, so as not to conflict with the zoning district being typically reserved solely for those institutional
purposes.
At the March 11, 2024 Planning Commission meeting, Commissioners unanimously voted to forward the
proposed ordinance changes to the City Council with a recommendation of approval. Commissioner Madden
made the motion, which was seconded by Commissioner Garlock. Commissioners asked Alison Jumper, the
Director of Parks, Natural Resources, and Cultural Affairs, to confirm how these changes benefited the Parks
Department, and she indicated that these setbacks would be less restrictive, and that they were born out of
conversations with Planning staff. Commissioners also had questions regarding special events, and staff
confirmed that special events were handled through a separate process, depending on the overall scale. One
member of the public spoke at the meeting with questions about how the changes would affect their property,
which they indicated was adjacent to Centennial Park. Staff indicated that unless the property is currently
zoned P-1, then there would not be an immediate effect, but that the changes in setback may affect how
closely a P-1 property could build to the adjacent property. The member of the public was not aware what their
property was zoned and offered no objections to the changes.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A, P-1 Ordinance Language Change - Strikethrough (#5), Planning
Commission Staff Report (#6), Proposed Revision to 161.32 (#7)
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
Legislation Text
File #: 2024-1834
ADM-2024-0008: Administrative Item (Amend UDC CHAPTER 161.32 — P-1,
INSTITUTIONAL): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an
amendment to UDC Chapter 161.32 — District P-1, Institutional. The proposed code change would
modify existing setbacks and allow administrative approval if the developer decides to use urban
form.
AN ORDINANCE TO AMEND §161.32 DISTRICT P-1, INSTITUTIONAL OF THE UNIFIED
DEVELOPMENT CODE
WHEREAS, the intent of P-1 zoning districts is to protect and facilitate the use of property owned by
larger public institutions and church -related organizations; and
WHEREAS, staff has identified opportunities to amend § 161.32 District P-1, Institutional to align
with the district's stated intent and the requirements for other zoning districts; and
WHEREAS, the proposed changes will better align P-1 zoning district setback and minimum building
height requirements with those of other zoning districts, add two additional conditional uses, and
increase flexibility for development in various contexts; and
WHEREAS, staff and the Planning Commission recommend approval of the proposed changes.
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 § 161.32 District
P-1, Institutional and enacts a new § 161.32 District P-1, Institutional as shown in Exhibit A attached
hereto.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2024-1834
Item ID
4/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/15/2024 DEVELOPMENT SERVICES (620)
Submitted Date Division / Department
Action Recommendation:
ADM-2024-0008: Administrative Item (Amend UDC CHAPTER 161.32 — P-1, INSTITUTIONAL): Submitted by CITY OF
FAYETTEVILLE STAFF. The request is an amendment to UDC Chapter 161.32 — District P-1, Institutional. The
proposed code change would modify existing setbacks and allow administrative approval if the developer decides
to use urban form.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
ADM-2024-0008
EXHIBIT 'A'
161.32 District P-1, Institutional
(A) Purpose. The Institutional District is designed to protect and facilitate use of property owned by public and
religious institutions. Larger facilities and institutions may still use historical setback regulations, but public
and religious institutions may also choose to use urban form with build -to zones and minimum buildable street
frontage allowing administrative approval.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 12b
General Business
Unit 20
1 Commercial recreation, large sites
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
15 feet
Front, if parking is allowed between the right-of-way
and the building
50 feet
Side
None
Side, when contiguous to a residential district
15 feet
Rear
20 feet
Urban Form Setback Regulations
Front
A build -to -zone that is located
between 10 feet and a line 25
feet from the front property line
Side and rear
None
ADM-2024-0008
EXHIBIT 'A'
Side and rear, when contiguous 15 feet
to a single-family residential
district
(F) Building Height Regulations.
Building Height Maximum 6 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 side 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.
(H) Urban form minimum buildable street frontage: 50% of the lot width.
(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; Ord. No. 6521 , §8, 1-18-22)
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. The intent of this district is to allow administrative approval if the
developer decides to use urban form, in compliance with the build -to zone and minimum buildable street
frontage as specified herein.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 12b
General Business
Unit 20
Commercial recreation, large sites
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 parkin is AIloyipd hPt,.A.fPPn the r ght_of_w we 50_feet
and the bu Iding
Side^^'^^`
^�Ctl--jfee^t`t
�4-1�
Rear 2a-feef
inn. F.i.m n..nfr.. line. of publin alley �f^et
Front
15 feet
Front, if parking is allowed
between the right-of-way and
50 feet
the building
Side
None
Side, when contiguous to a
15 feet
residential district
Rear
20 feet
Formatted: Block 1
Urban Form Setback Regulations:
Front
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line
Side and rear
None
Side or rear, when contiguous to
15 feet
a single-family residential
district
— Formatted: Indent: Left: 0", First line: 0"
(F) Height RegWaUens There shall be nG maximurn height limits On P 1 DiStFiGtS, pr4qvided, hGwever, f a building
exnpp.dq the hPi - I the portion of the building that exceeds two (2) stories shall havP an
port on of the b6i E)FERI;
(F) Building Height Regulations.
Building Height Maximum 6 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 side boundary line of an adiacent 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.
(H) Urban form minimum buildable street frontage: 50% of the lot width.
(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; Ord. No. 6521 , §8, 1-18-22)
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: March 11, 2024 Updated with results from 3/11/2024 PC Meeting
SUBJECT: ADM-2024-0008: Administrative Item (Amend UDC CHAPTER 161.32 —
P-1, INSTITUTIONAL): Submitted by CITY OF FAYETTEVILLE STAFF.
The request is an amendment to UDC Chapter 161.32 — District P-1,
Institutional. The proposed code change would modify existing setbacks
and allow administrative approval if the developer decides to use urban
form.
RECOMMENDATION:
Staff recommend forwarding ADM-2024-0008 to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"1 move to forward ADM-2024-0008 to the City Council with a recommendation of approval."
BACKGROUND:
The City of Fayetteville Department of Parks, Natural Resources, and Cultural Affairs is proposing
to rezone over 2,000 acres of parks -owned property to P-1, Institutional to align those properties'
zoning district with their current use (RZN-2024-0007). In tandem with this significant request,
staff evaluated the P-1 zoning district and identified opportunities to align the requirements of P-
1 with allowable setbacks and regulations for the same uses in other zoning districts.
DISCUSSION:
The stated intent of the P-1 zoning district is to "protect and facilitate use of property owned by
larger public institutions and church related organizations." Staff identified 3 areas of interest in
evaluating this zoning district that may conflict with that intent:
1. Institutions (i.e., cultural and recreational facilities, religious institutions, and governmental
buildings) can still build in other zoning districts where those uses are allowed by -right;
2. P-1 has no form -based option;
3. Current setbacks are more restrictive in P-1 than what is permitted in other zoning districts
for the same uses.
P-1, Institutional is limited to the following by -right uses: Use Units 1, City -Wide Uses By Right, 4,
Cultural and Recreational Facilities, 5, Government Facilities, and 46, Short -Term Rentals. As a
matter of comparison, the C-2, Thoroughfare Commercial zoning district allows those same uses,
also by -right. C-2, however, offers the flexibility to construct these with a form -based option (or a
build -to -zone), allowing for administrative approval when taking that option. Currently, institutional
uses developing under P-1 zoning would not have the opportunity. Further, the existing traditional
setbacks are more restrictive in P-1 zoning than in C-2 zoning, requiring 30-foot front, 20-foot
side, and 25-foot rear when C-2 would allow for 15-foot, 0-foot, and 20-foot rear setbacks.
Mailing Address:
113 W. Mountain Street Plan nftiomili"ittftmiIIe-ar.gov
Fayetteville, AR 72701 March 11, 2024
ADM-2024-0008 (AMEND UDC CHAPTER 161.32 - P-1, INSTITUTIONAL)
Paqe 1 of 10
Staff also found an inconsistent approach to maximum building heights when compared to other
zoning districts. There is not currently a standard building height maximum allowance in P-1,
though there are additional setback requirements for structures over 2 stories. Staff recommends
aligning these requirements with the C-2 zoning district to make sure the City is applying a
consistent requirement for these institutional uses when they are in different zoning districts; C-2
has a 6-story height limitation, with additional setbacks when adjacent to residential properties. It
is worth noting that generally, height restrictions in zoning ordinance do not apply to spires,
belfries, cupolas, or other appurtenances usually required to be placed above the roof level and
not intended for human occupancy. Staff finds that given this allowance, limiting institutional uses
to the same building height requirements as permitted in other zoning districts would not conflict
with those appurtenances often associated with religious or other institutional uses.
Further, staff recommends the addition of two new conditional uses in the P-1 zoning district to
ensure that the district continues to align with its intent to serve institutional uses and cultural and
recreational facilities. Firstly, Use Unit 20 consists of commercial recreation facilities which are
usually conducted out-of-doors, on large sites, and in undeveloped, outlying parts of the city,
which may align with future development plans for properties being used for recreational
purposes. Secondly, staff recommends the addition of Use Unit 12b, which would allow for small-
scale retail or other uses that may help serve existing institutional uses. Staff finds that keeping
these uses as conditional still allows for additional discretionary approval, and an overall
evaluation of specific sites and overall compatibility as far as traffic, nuisance, and the public
interest are concerned, so as not to conflict with the zoning district being typically reserved solely
for those institutional purposes.
RECOMMENDATION: Staff recommends forwarding ADM-2024-0008 to City Council with a
recommendation of approval.
(PLANNING COMMISSION ACTION: Required YES
Date: March 11, 2024 O Tabled 3 Forwarded O Denied
Motion: Madden
Second: Garlock
Vote: 9-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• UDC §161.31 District P-1, Institutional (Current regulations)
• UDC §161.23 District C-2, Thoroughfare Commercial
• Proposed Ordinance, Clean
o §161.31 District P-1, Institutional
• Proposed Ordinance, Strike -through
o §161.31 District P-1, Institutional
Planning Commission
March 11, 2024
ADM-2024-0008 (AMEND UDC CHAPTER 161.32 - P-1, INSTITUTIONAL)
Paqe 2 of 10
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
Unit 46
Short-term rentals
(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.
Planning Commission
March 11, 2024
ADM-2024-0008 (AMEND UDC CHAPTER 161.32 - P-1, INSTITUTIONAL)
Paqe 3 of 10
(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; Ord. No. 6521 , §8, 1-18-22)
Planning Commission
March 11, 2024
ADM-2024-0008 (AMEND UDC CHAPTER 161.32 - P-1, INSTITUTIONAL)
Paqe 4 of 10
161.23 District C-2, Thoroughfare Commercial
(A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of
these commercial enterprises catering primarily to highway travelers. The intent of this district is to allow
administrative approval if the developer decides to use urban form, in compliance with the build -to zone and
minimum buildable street frontage as specified herein.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 13
Eating places
Unit 14
Hotel, motel, and amusement facilities
Unit 16
Shopping goods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 25
Offices, studios, and related services
Unit 33
Adult live entertainment club or bar
Unit 34
Liquor store
Unit 40
Sidewalk Cafes
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 21
Warehousing and wholesale
Unit 28
1 Center for collecting recyclable materials
Unit 29
Dance Halls
Unit 32
Sexually oriented business
Unit 35
Outdoor music establishments
Planning Commission
March 11, 2024
ADM-2024-0008 (AMEND UDC CHAPTER 161.32 - P-1, INSTITUTIONAL)
Paqe 5 of 10
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
Unit 42
Clean technologies
Unit 43
Animal boarding and training
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front
15 feet
Front, if parking is allowed
between the right-of-way and the
building
50 feet
Side
None
Side, when contiguous to a
residential district
15 feet
Rear
20 feet
Urban Form Setback Regulations:
Front
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line
Side and rear
None
Side or rear, when contiguous to
15 feet
a single-family residential district
(F) Building Height Regulations.
Building Height Maximum 6 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 side 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.
(H) Urban form minimum buildable street frontage: 50% of the lot width.
(Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No.
1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4178, 8-31-99; Ord. No. 4727, 7-19-05; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08;
Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; 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, 7, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6164 , §§1, 6, 7, 4-2-19; Ord. No.
6223, §1, 9-3-19; Ord. No. 6245, §2, 10-15-19; Ord. No. 6521 , §5, 1-18-22)
Planning Commission
March 11, 2024
ADM-2024-0008 (AMEND UDC CHAPTER 161.32 - P-1, INSTITUTIONAL)
Paqe 6 of 10
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. The intent of this district is to allow administrative approval if the
developer decides to use urban form, in compliance with the build -to zone and minimum buildable street
frontage as specified herein.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 12b
General Business
Unit 20
1 Commercial recreation, large sites
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
15 feet
Front, if parking is allowed between the right-of-way
and the building
50 feet
Side
None
Side, when contiguous to a residential district
15 feet
Rear
20 feet
Urban Form Setback Regulations
Front
A build -to -zone that is located
between 10 feet and a line 25
feet from the front property line
Side and rear
None
Planning Commission
March 11, 2024
ADM-2024-0008 (AMEND UDC CHAPTER 161.32 - P-1, INSTITUTIONAL)
Paqe 7 of 10
Side and rear, when contiguous 15 feet
to a single-family residential
district
(F) Building Height Regulations.
Building Height Maximum 6 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 side 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.
(H) Urban form minimum buildable street frontage: 50% of the lot width.
(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; Ord. No. 6521 , §8, 1-18-22)
Planning Commission
March 11, 2024
ADM-2024-0008 (AMEND UDC CHAPTER 161.32 - P-1, INSTITUTIONAL)
Paqe 8 of 10
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. The intent of this district is to allow administrative approval if the
developer decides to use urban form, in compliance with the build -to zone and minimum buildable street
frontage as specified herein.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 12b
General Business
Unit 20
Commercial recreation, large sites
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 parkin is AIloyipd hPt,.A.fPPn the r ght_of_w we 50_feet
and the bu Iding
Side^^'^^`
^�Ctl--jfee^t`t
�4-1�
Rear 2a-feef
inn. F.i.m n..nfr.. line. of publin alley �f^et
Planning Commission
March 11, 2024
ADM-2024-0008 (AMEND UDC CHAPTER 161.32 - P-1, INSTITUTIONAL)
Paqe 9 of 10
Front
15 feet
Front, if parking is allowed
between the right-of-way and
50 feet
the building
Side
None
Side, when contiguous to a
15 feet
residential district
Rear
20 feet
Formatted: Block 1
Urban Form Setback Regulations:
Front
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line
Side and rear
None
Side or rear, when contiguous to
15 feet
a single-family residential
district
— Formatted: Indent: Left: 0", First line: 0"
(F) Height RegWaUens There shall be nG maximurn height limits On P 1 DiStFiGtS, pr4qvided, hGwever, f a building
exnpp.dq the hpi - I the portion of the building that exceeds two (2) stories shall havp an
port on of the b6i gFERI;
(F) Building Height Regulations.
Building Height Maximum 6 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 side boundary line of an adiacent 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.
(H) Urban form minimum buildable street frontage: 50% of the lot width.
(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; Ord. No. 6521 , §8, 1-18-22)
Planning Commission
March 11, 2024
ADM-2024-0008 (AMEND UDC CHAPTER 161.32 - P-1, INSTITUTIONAL)
Page 10 of 10
4
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor
City Council
Kara Paxton, City Clerk/ Treasurer
CC: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Kit Williams, City Attorney b)c k—
DATE: April 4, 2024
RE: Proposed Revision to § 161.32 District P-1, Institutional
Kit Williams
City Attorney
Blake Pennington
Senior Assistant City Attorney
Hannah Hungate
Assistant City Attorney
Stacy Barnes
Paralegal
The enacting ordinance proposed to amend P-1, Institutional does so
through Exhibit "A." I believe the proposed "(A) Purpose" section needs some
slight changes. What caught my eye is that it continues to use "church" related
organizations in its Purpose section. This is not a glaring mistake, but since we
are now proposing to change the wording in the Purpose section, I think we
should use the more general term "religious" institutions.
It is obviously a fact that most religious institutions in Fayetteville are
Christian churches. However, our City should recognize our citizens' freedom of
religion and so not use a term that refers to the predominant religious
institutions which excludes other locally smaller religious institutions which are
not usually referred to as "churches." Below is my recommended new
"Purpose" section.
"(A) Purpose. The Institutional District is designed to protect and facilitate
use of property owned by public and religious institutions. Larger facilities and
institutions may still use historical setback regulations, but public and religious
institutions may also choose to use urban form with build -to zones and
minimum buildable street frontage allowing administrative approval."
Form v1.46
NV\'A
media
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN RECEIVED
FAYETTEVILLE,AR 72701
Ad number#: 391286 (APR 0 9 2024
PO #: ff FAYETTEVIL1t
Q�DIRK'S OFFICF
Matter of: Ord 6732
AFFIDAVIT•STATE OF ARKANSAS
I,Carla Gardner,do solemnly swear that I am the Finance Director of the NWA Democrat Gazette,a daily newspaper
printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to this
publication at and during the publication of the annexed legal advertisement in the matter of:
Ord 6732
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.
And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$114.00.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 04/07/24;NWA nwaonline.com 04/07/24
da„,a,
Finance Director
State of ARKANSAS,County of WASHINGTON,Subscribed
and sworn to before me on this 9th day of April,2024 o `�
4,%N71 , CATHERINE STAGGS
... . MY COMMISSION N 12402772
EXPIRES:February 28, 2025
-�.�.�C,tit� "�,�KA��••` Washington County
NOTARY PUBLIC
Ordinance:6732
File Number:2024-1834
ADMINISTRATIVE-2024-0008:
(AMEND UDC§161.32—P-1,
INSTITUTIONAL):
AN ORDINANCE TO AMEND
§161.32 DISTRICT P-1,INSTI-
TUTIONAL OF THE UNIFIED DE-
VELOPMENT CODE
WHEREAS,the intent of P-1
zoning districts is to protect and
facilitate the use of property
owned by larger public institu-
tions and church-related organ-
izations:and
WHEREAS,staff has identified
opportunities to amend §
161.32 District P-1,Institutional
to align with the district's slated
intent and the requirements for
other zoning districts;and
WHEREAS, the proposed
changes will better align P-I
zoning district setback and min-
imum building height require-
ments with those of other
zoning districts,add Iwo addi-
tional conditional uses,and in-
crease flexibility for
development in various con-
texts:and
WHEREAS,staff and the Plan-
ning Commission recommend
approval of the proposed
changes.
NOW,THEREFORE,BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville.
Arkansas hereby repeals §
161.32 District P-1,Institutional
and enacts a new§161.32 Dis-
trict P-1,Institutional as shown
in Exhibit A attached hereto.
PASSED and APPROVED on
April 2,2024
Approved:
Lioneld Jordan,Mayor
Attest:
Kara Paxton
City Clerk Treasurer
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount Paid:S114.00
April 7,2024 391286