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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