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Home My WebLink AboutOrdinance 4253 • FILED .FOR RECORD ' 00 PUG 3 Pel 2 41 WASHINGTON CO AR. ORDINANCE NO, 4253 K . HARNESS AN ORDINANCE AMENDING CHAPTER 162, USE UNITS, SECTION 162.01 0.2. and P.2., OF THE CODE OF FAYETTEVILLE, TO ADD USES TO USE UNIT 15 : NEIGHBORHOOD SHOPPING GOODS AND DELETE USES FROM UNIT 16: SHOPPING GOODS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Chapter 162,Use Units, Section 162.01 , 0.2., ofthe Code of Fayetteville, is hereby repealed and the following shall be inserted in its stead: See Exhibit "A" attached hereto and made a part hereof. Section 2. That Chapter 162, Use Units, Section 162.01 , P.2., ofthe Code of Fayetteville, is hereby repealed and the following shall be inserted in its stead: See Exhibit "B" attached hereto and made a part hereof. PASSED AND APPROVED this 5th day of July 2000. F AV f'jrfFi/ ` APPROVED: B Fr6d Hanna, Mayor ti V By: Heather Woodruff, City Clerk 2000064408 ; ord 4253 Exhibit "A" EXHIBIT A CHAPTER 162: USE UNITS EX § 162.010. Unit 15. Neighborhood Shopping Goods. 2. Included Uses. Retail Trade: Bookstores Food: -Bakery -Food specialties store -Dairy products -Grocery -Supermarkets -Delicatessen -Health food store Drugstore Florist Hardware Store Home Furniture Store Service Establishment: -Dry cleaning -Barber and beauty shop -Laundry News and Magazine Stand Laundry-Coin Operated Service Station Picture Framing, Retail Antique Shop Apparel and Accessory Clothing Shoe Tailoring Bicycle Shop Camera Shop Hobby Shop My Jewelry 'T Leather Goods and Luggage Optical Goods Pet Shop 2000004409 a •� NAME OF FILE: CROSS REFERENCE: Date Contents of File Initials fix , o / P . -UU 0 ord . 4253 • • �y Exhibit 'B" EXHIBIrho 8 CHAPTER 162: USE UNITS § 162.01 P. Unit 16. Shopping Goods. 2. Included Uses. Retail Trade Establishments: -Fur Apparel -Liquor Store `X -Millinery Automotive, Marine Craft Establishment -Auto Accessory Store -Auto Sales -Boat and Accessories -Bookstore -Dry Goods -Garden Supply General Merchandise -Department Store -Mail Order -Trading Stamp Redemption Store -Hardware Store Home Furrinne: -Appliances -China, Glassware -Draperies, Curtains -Floor Coverings -Furniture -Music Instruments Service Establishments -Branch Community Facility -Library -Post Office Personal Services: -Auto Rental Agency Office -Barber and Beauty Shops (with more than 4 chairs) -Costume Rental Service -Detective Service -Dry-Cleaning Service -Interior Decorating Optician/Optometrist -Photo Finishing -Photographic Studio -Picture Framing -Reading Rooms -Reducing Salon -Sign Painting -Social and Welfare Agency -Gunsmith -Locksmith -Watch and Jewelry Repair Transportation Service: -Bus Station tz -Express Service -Helistop -Railway Terminal py -Taxicab Station to /a1 04 2000004411 f�I Kathleen Harness, Cimult Clock and Ex-dffiEia eaorder for Weehinglon ®aunty, Mama, do H@fd�y CII that thle InetgtlPpnl W4S MA fa, F QF9 iR 14 okleg ap Indicated harpon slid ih< ;pma Iy nary dt ly recorded With the arknevlledgpmpr t q99 cep1f1patp thar9aq IR pscpR) f3. pk and Rppa ap Igdippo i)terpon. IN WITNr5Q WIdgRFQP, I hevs hereunto set my hand and affixed the Goal of cold Coun on the date indi- cated hereon. Kathleen Horneayyyi Circuit Cla!k�RiJ • fit no a��'�� "" Planning Commission Minutes June 12, 2000 Page 30 AD 00-8.00: Administrative Item Amendment to Chapter 162 "Use Units"of the Unified Development Ordinance, Section 162.01 "Establishment and Listing" to allow additional retail uses in the C- I Neighborhood Commercial District. Odom: Item number 15 on tonight's agenda is another administrative item Amendment to Chapter 162 "Use Units"of the Unified Development Ordinance, § 162.01 PSP "Establishment and Listing" to allow additional retail uses in the C- 1 Neighborhood Commercial District. Staff recommends approval of amendment 162.01 (0) Use Unit 15 Neighborhood Shopping Goods, of the Unified Development Ordinance, to allow the additional retail uses as listed in the staff report. I will just to ahead for the record and note the following uses are proposed . to be added to Use Unit 15 in the retail trade it is an Antique Shop, Apparel and accessory, Clothing, Shoe, Tailoring, Bicycle Shop, Camera Shop, Hobby Shop, Jewelry, Leather Goods and Luggage, Optical Goods, Pet Shop, Radio and Television Store, Record and Tape Shop, Sporting Goods, Stationary Store, and Toy Shop. Staff, are those the only additional uses that are proposed? Conklin: Yes and the uses that are listed to be added to Use Unit 15 are being redesignated from Use Unit 16 which is Shopping Goods. This will not change what is allowed in other commercial zoning districts. Use Unit 15 is allowed under C-2, C-3 and C-4 zoning districts. What it is doing is taking uses that are compatible in a C- 1 zoning and placing them in this use unit which will make them a use by right. Part of the problem we are having in our office when new businesses are opening up or going into these C- 1 neighborhood commercial shopping centers are that they don't allow the clothing sales and the antique sales. We are running into situations where we have had to in the past actually rezone it to C-2 to allow clothing sales. This will take care of that. Odom: And in that situation it allows for much more severe type retail that goes in. Conklin: Yes. In C-2 when they apply for the C-2 rezoning we end up looking at the used car sales, gas stations, or adult entertainment type businesses and there are a lot of different uses that really are not compatible with neighborhoods. So, this will avoid having to take property from C- 1 to C-2 to allow this type of uses. We have needed to do this for some time and I'm please to have it before you. Hoffman: Mr. Chair, I have a question. Eating places would be permitted in C- 1 and I think are now? Conklin: Yes they are. That is unit 13 . Planning Commission Minutes June 12, 2000 Page 31 Hoffman: We do not have any regulation that I know of over alcoholic beverage sales but would an eating place that included those, I'm trying to make sure that an applicant would understand that an eating place could be a restaurant that served beer or wine or something like that but could not be a bar. Are we opening ourselves up to any kind of vagary by this change? It is already in there I understand. Conklin: It is already in there under use unit 13. They do allow alcohol sales. They do have to meet the standards that we have in our ordinances with regard to alcohol sales but this is not changing that. Hoffman: This doesn't change that and this is not going to be something new that we have to explain? Conklin: One thing I really looked at closely when you look at shopping centers such as . Glennwood Shopping Center on Hwy 45 and Hwy 265 where Harps Grocery Store is, that is zoned C-2. We have Caf6 Santa Fe in there, you have the Chinese restaurant in there that serves alcohol. You also have other uses, a jewelry store and directly caddy corner to that is a Wal-Mart Neighborhood Market zoned C- 1 . That wouldn't allow the jewelry store or the clothing store at this time. This pretty much cleans up the discrepancies between those two zoning districts without having to rezone that Wal-Mart Neighborhood Market to C-2 which would allow the used car lots and other type of uses that people have a lot of concerns with next to a neighborhood. Hoffman: Thank you. I 'm fine with this list. I just want to make sure everybody is clear on what it included and what it didn't. And C-2 heavy' uses are not in it. Bunch: Is our action here a recommendation to the Council? Is that what we are doing? Conklin: Yes. It is a recommendation to the City Council. This will probably go to Ordinance Review Committee then to the City Council. Odom: Should we recommend it go to the Ordinance Review Committee? Conklin: My understanding is they typically refer everything to the Ordinance Review Committee so I would contact the Chairman of that Committee, Ron Austin, and ask for him to place this on their agenda. Odom: Okay. I don't think we need them, but if that is what the rules say, that's fine. Planning Commission Minutes June 12, 2000 Page 32 Conklin: I ' ll check with the Chairman of the Ordinance Review Committee to see if they want to look at it first before it goes to City Council. Odom: I'd say do that otherwise it will get kicked back. Did you make a motion? MOTION: Hoffman: I didn't but I can. I have been making motions all night so I don't see why I shouldn't do it on this one. I 'll recommend this be forwarded on to the appropriate Board or Commission, whether that be City Council or the Ordinance Review Committee with a specific recommendation for approval from the Planning Commission. Shackelford: I'll second. Odom: We have a motion by Commissioner Hoffman and a second by Commissioner Shackelford for approval of AD 00-8.00. PUBLIC COMMENT: Odom: Is there any member of the audience that would like to address us on this issue? I forgot that. Seeing none I'll close the floor and call the question. ROLL CALL: Upon roll call the motion carries 9-0-0. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: PLANNING DIVISION CORRESPONDENCE . sot-s7s-s2ha T0: Fayetteville Planning C6minission Members FROM: Tim Conklin, City Planner DATE: June 12, 2000 AD 00-8.00: (Administrative Item) Amendment to Chapter 162 "Use Units"of the Unified Development Ordinance, Section 162.01 "Establishment and Listing" to allow additional retail uses in the C- 1 Neighborhood Commercial District. P�9y RECOMMENDED MOTION �.zurs ' �oRREs Staff recommends approval to amend Section 162.01 (0) Use Unit 15 Neighborhood Shopping Goods, of the Unified Development Ordinance, to allow the additional retail uses as listed in this staff report. BACKGROUND The Planning Division has been approached recently by an individual who would like to open up a clothing and antiques business in the C- 1 zoning district. Clothing and antique sales are allowed under Use Unit 16 which is not allowed in a C- 1 zoning district. Staff believes this issue will continually come up as the new C- 1 shopping centers (Kants/Walmart Neighborhood Market, Millennium Place, etc.) begin to lease space and develop. Staff is proposing to relocate several uses listed under use unit 16 (Shopping Goods) into Use Unit 15 (Neighborhood Shopping) that are compatible with existing C- 1 uses and surrounding residential development. The following uses are proposed to be added to Use Unit 15 : Retail Trade: Antique Shop Apparel and accessory Clothing Shoe Tailoring Bicycle Shop Camera Shop Hobby Shop Jewelry Leather Goods and Luggage Optical Goods Pet Shop Radio and Television Store Record and Tape Shop Sporting Goods Planning Commission Stationary Store June 12, 2000 Toy Shop AD00-8 City of Fayetteville 15. 1 UDO - USE UNIT 15 AND 16 • O. Unit 15 . Neighborhood Shopping Goods. 1. Description. Unit 15 includes a variety of frequently purchased commercial goods, where convenience of location is more important than comparative shopping. These uses- are grouped in limited areas while prohibiting all otljeis_got necessary near the residential areas. Z. Iricluded U§es. Retail Bookstores Trade: Food: -Bakery -Food specialties store -Dairy products -Grocery -Super- markets -Delicatessen -Health food store Drugstore Florist Hardware Store Home Furniture Store Service -Dry Establishment: cleaning -Barber and beauty shop -Laundry News and Magazine Stand Laundry-Coin Operated Service Station Picture Framing, retail Planning Commission June 12, 2000 AD00-8 City ojFayetteville 15.2 P. Unit 16. Shopping Goods. (Highlighted Uses to Be Ad signated to Use Unit 15) 1 . Description. Unit 16 consists of stores selling retail goods which are ordinarily purchased less frequently and often have a community-wide or regional market. 2. Included Uses. Retail Trade -Antique shop Establishments: Apparel andAccessmy : . - -Clothing -Fur Apparel -Liquor Store -Millinery -Shoe -Tailoring Automotive, Marine -Auto Accessory Store Craft Establishment: -Auto Sales -Boat and Accessories -Bicycle Shop -Bookstore -Camera Shop -Dry Goods -Garden Supply General Merchandise -Department Store Establishment: -Mail Order -Trading Stamp Redemption Store -Hardware Store -Hobby Shop Home Furniture: -Appliances -China, Glassware -Draperies, Curtains -Floor Coverings -Furniture -Music Instruments -Radio and Television Store -Record and Tape:Shop Jewelry Leather Goods and Luggage Optical.Goods Pet Shop Sporting Goods Stationery Store Toy,Shop Service -Branch Community Establishments Facility Planning Commission -Library -Post Office June 11, 1000 AD00-8 City ofFayettevllle 15.3 Personal Services: -Auto Rental Agency Office -Barber and Beauty Shops (with more than 4 chairs) -Costume Rental Service -Detective Service -Dry-Cleaning Service ., -Interior Decorating -Optician/Optometrist -Photo Finishing -Photographic Studio -Picture Framing -Reading Rooms -Reducing Salon -Sign Painting -Social and Welfare Agency -Gunsmith -Locksmith -Watch and Jewelry Repair Transportation -Bus Station Service: -Express Service -Helistop -Railway Terminal -Taxicab Station §161.13 DISTRICT C-1 NEIGHBORHOOD COMDIERCIAL. A. Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. B. Uses. 1. Permitted Uses. Unit 1 City-Wide Uses by Right Unit 12 Offices, Studios and Related Services Unit 13 Eating Places Unit 15 Neighborhood Shopping Unit 18 Gasoline Service Stations and Drive-In Restaurants Unit 25 Professional Offices 2. Uses Permissible on Appeal to the Planning Commission. Fit 1 City-Wide Uses by Conditional Use Permit Planning Commission June 72, 2000 AD00-8 City of Fayetteville 15. 4