HomeMy WebLinkAboutOrdinance 4376 ORDINANCE NO, 4376
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT
ORDINANCE, OF THE CODE OF FAYETTEVILLE, TO PERMIT LIQUOR
STORES TO BE LOCATED IN DISTRICT C-1 , NEIGHBORHOOD
COMMERCIAL ON APPEAL TO THE PLANNING COMMISSION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That § 161 . 13 District C-1 Neighborhood Commercial., of the Unified
Development Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in
its stead:
See Exhibit "A" attached hereto and made a part hereof.
Section 2. That § 161 . 14 District C-2 Thoroughfare Commercial., of the Unified
Development Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in
its stead:
See Exhibit `B" attached hereto and made a part hereof.
Section 3 . That § 161 . 15 District C-3 Central Commercial., of the Unified Development
Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit "C" attached hereto and made a part hereof.
Section 4. That § 161 . 16 District C4 Downtown., of the Unified Development Ordinance, '
Code of Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit "D" attached hereto and made a part hereof.
Section 5 . That § 162.01 , P. Unit 16. Shopping Goods., of the Unified Development
Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit `B" attached hereto and made a part hereof.
Section 6. That § 162.01 , HH. Unit 34. Liquor Store., a copy of which marked Exhibit "F"
attached hereto and made a part hereof, is hereby adopted and made part of the Unified
Development Ordinance, Code of Fayetteville.
PASSED and APPROVED this 51° day of March, 2002.
APPROTaa
By DAN COODY, Mayor
ST:
\ i A R WOODRUFF, Ci Jerk
0 EXHIBIT "A" • ord . 4376
§161 . 13 DISTRICT C-1 NEIGHBOR-
HOOD COMMERCIAL.
A. Purpose. The Neighborhood C. Bulk and Area
Commercial District is designed Regulations/Set-backs. Setback lines
primarily to provide convenience goods shall meet the following minimum
and personal services for persons living requirements:
in the surrounding residential areas. From Street ROW 50 ft.
From Side Property Line None
B. Uses. From Side Property Line When
Contiguous to a Residential 10 ft.
1. Permitted Uses. District
Unit 1 City-Wide Uses by Right From Back Property Line 120 ft.
Unit 12 Offices, Studios and Related
Services D. Building Area. On any lot the
area occupied by all buildings shall not
Unit 13 Eating Places exceed 40% of the total area of such lot.
Unit 15 Neighborhood Shopping
Gasoline Service Stations and E. Height Regulations. There shall
Unit 18 be no maximum height limits in C- 1
Drive-In Restaurants District, provided, however, that any
building which exceeds the height of ten
Unit 25 Professional Offices feet shall be set back from any boundary
line of any residential district a distance
of one foot for each foot of height in
2. Uses Permissible on Appeal excess of ten feet.
to the I'l rining Commission.
Unit 2 City-Wide Uses by
Conditional Use Permit
Unit 3 Public Protection and Utility
Facilities
Unit 4 Cultural and Recreational
Facilities
Unit 34 Liquor Store
• • Ord . 4376
EXHIBIT "B"
§161 .14 DISTRICT C-2 THOROUGH- 2. Uses Permissible on Appeal to
FARE COMMERCIAL. the Planning Commission,
A. Purpose. The Thoroughfare Unit 2 City-Wide Uses by
Commercial District is designed especially I Conditional Use Permit
to encourage the functional grouping of Unit 3 Public Protection and Utility
these commercial enterprises catering Facilities
primarily to highway travelers.
Unit 21 Warehousing and Wholesale
B. Uses.
Unit 28 Center for Collecting
1. Permitted Uses, I Recyclable Materials
Unit 1 City-Wide Uses by Right Unit 32 Sexually Oriented Business
Unit 4 Cultural and Recreational C. Bulk and Area Regulations.
Facilities Setback lines shall meet the following
Unit 12 Offices, Studios and Related minimum requirements:
Services From Street ROW 50 ft.
Unit 13 Eating Places From Side Property None
Unit 14 Hotel, Motel and Amusement Line
Facilities From Side Property 15 ft.
Unit 15 Neighborhood Shopping Line When Contiguous
Goods to a Residential District
Unit 16 Shopping Goods From Back Property 20 ft.
Line
Unit 17 Trades and Services
D. Building Area. On any lot the area
Unit 18 Gasoline Service Stations and occupied by all buildings shall not exceed
Drive-In Restaurants 60% of the total area of such lot.
Unit 19 Commercial Recreation
E. Height Regulations. hi District C-2
Unit 20 Commercial Recreation, Large any building which exceeds the height of 20
Sites feet shall be set back from any boundary line
of any residential district a distance of one
Unit 24 Outdoor Advertising foot for each foot of height in excess of 20
Unit 33 Adult Live Entertainment Club feet. No building shall exceed six stories or
or Bar 75 feet in height.
Unit 34 Liquor Store
0 EXHIBIT "C" Ord . 4376
§161 .15 DISTRICT C-3 CENTRAL
COMMERCIAL. C. Bulk and Area Regulations/
Setbacks. Setback lines shall meet the
A. Purpose. The Central following minimum re uirements:
Commercial District is designed to Central Shopping
accommodate the commercial and Business pp g
related uses commonly found in the District Center
central business district or regional From Street ROW 5 R. 25 ft.
shopping centers which provide a wide From Street ROW 50 ft. 56 ft.
range of retail and personal service uses. if Parking is
Allowed Between
B. Uses. the ROW and the
Building
1. Permitted Uses. From Side None None
Unit 1 Cit -Wide Uses by Right Property Line
Unit 4 Cultural and Recreational From Side 10 ft. 25 ft.
Facilities Property Line
Unit 5 Government Facilities When Contiguous
Unit 9 Multifamily Dwelling — to a Residential
Low Density District
Unit 10 Multifamily — High Density From Back 15 ft. 25 ft.
Unit 12 Offices, Studios and Related Property Line
Services Without Ease-
Unit 13 Eating Places ment or Alley
Unit 14 Hotel, Motel and Amusement From Centerline 10 ft. 10 ft.
Facilities Line of a Public
Unit 15 Neighborhood Shopping 1Alley
Goods
Unit 16 Shopping Goods
Unit 18 Gas Service Stations and
Drive-in Restaurants
Unit 19 Commercial Recreation
Unit 34 Liquor Store
2. Uses Permissible on Appeal
to Planning Commission,
Unit 2 City-Wide Uses by
Conditional Use Permit
Unit 3 Public protection and Utility
Facility
Unit 19 Trades and Services
Unit 28 Center for Collecting
Recyclable Materials
0 EXHIBIT "D" 0 Ord . 4376
§161 .16 DISTRICT C4 DOWNTOWN. C. Bulk and Area
Regulations/Setbacks. Setback lines
A. Purpose. The Downtown District shall meet the following minimum
is designed to accommodate the requirements:
commercial, office, governmental and From Street ROW 5 ft.
related uses commonly found in the From Street ROW if a None
central downtown area which provide a Sidewalk in Existence
wide range of retail, financial, professional or to be Provided
office, and governmental office uses. From Side Property Line None
B. Uses. From Side Property Line 10 ft.
When Contiguous to a
1 . Permitted Uses. Residential District
Unit 1 Ci -Wide Uses by Right From Back Property Line None
Unit 4 Cultural and Recreational Without Easement or
Facilities Alley
Unit 5 Government Facilities From Center Line of an 8 ft.
Unit 12 Offices, Studios and Related Easement or Alley
Services
Unit 13 Eating Places
Unit 14 Hotel, Motel and
Amusement Facilities
Unit 15 Neighborhood Shopping
Goods
Unit 16 Shopping Goods
Unit 19 Commercial Recreation
Unit 25 Professional Offices
Unit 34 Liquor Store
2. Uses Permissible on Appeal
to the P anning Commission.
Unit 2 City-Wide Uses by
Conditional Use Permit
Unit 3 Public Protection and Utility
Facilities
Unit 10 Multifamily Dwelling- High
Density
Unit 17 Trades and Services
Unit 18 Gas Service Station and Drive-
In Restaurants
Unit 28 Center for Collecting
Recyclable Materials
Ord . 4376
EXHIBIT "E"
P. Unit 16. Shopping Goods. -Sign Painting
1 . Description. Unit 16 Social and Welfare
Agency
consists of stores selling retail goods Gunsmith
which are ordinarily purchased less
frequently and often have a community- -Locksmith
wide or regional market. -Watch and Jewelry
Repair
2. Included Uses. Transportation -Bus Station
Retail Trade Service: -Express Service
Establishments: -Fur Apparel Helistop
-Millinery
-Railway Terminal
Automotive, -Taxicab Station
Marine Craft -Auto Accessory Store
Establishment: -Auto Sales
-Boat and Accessories
-Bookstore
-Dry Goods
-Garden Supply
General
Merchandise -Department Store
Establishment: -Mail Order
Trading Stam
Redemption Shore
-Hardware Store
Home Furniture:
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
• EXHIBIT "F" • Ord . 4376
HH, Unit 34. Liquor Store.
1 . Description. Unit 34
includes fixed places of business
licensed by the Arkansas Alcoholic
Beverage Control Board to sell alcoholic
beverages for off-premise consumption.
2. Included Uses.
Liquor Stores
0 0
NAME OF FILE: Ordinance No. 4376
CROSS REFERENCE:
03/05/02 Ordinance No. 4376
01 /18/02 Planning Division Correspondence
02/04/02 Planning Division Correspondence
02/11 /02 Planning Commission Minutes (Pages 46 & 47)
02/14/02 Planning Commission Minutes (Pages 38-40)
03/05/02 Staff Review Form
03/07/02 Memo to Tim Conklin, City Planner, from Heather Woodruff, City Clerk
03 / 16 /02 Proof of Publication
NOTES:
PI
Co
FAYETTO ILLE 01
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (501 ) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
THRU: Hugh Earnest, Urban Development Director
FROM : Tim Conklin, A.I.C.P., City Planner
DATE: January 18, 2002
BACKGROUND
The Planning Commission, at their regular meeting of January 14, 2002, passed a resolution
directing staff to work with the City Attorney's office to draft an ordinance which would allow
approval of a conditional use permit for a liquor store in the C- I zoning district. On February 11 ,
2002, the Planning Commission approved the proposed amendments. Minutes from the January
14°i and February 11" Planning Commission meetings as well as the draft ordinance are attached
for your consideration. This ordinance has several sections, as many parts of the UDO will need
to be modified in order to allow for this option. The proposed amendments are as follows:
■ A new "Use Unit" will be created and will define liquor stores
■ Use unit 16 will be amended to remove liquor stores as a permitted use under that use
unit
• Description of the C- 1 , Neighborhood Commercial district will be amended to include a
new use unit (34) for liquor stores as a use allowable on appeal to the Commission
(conditional use)
■ Descriptions of the C-2, C-3 and C-4 districts will be amended to include the new use
unit (34) as a use by right within those districts — these districts already allow this use by
right
CURRENTSTATUS
The Planning Commission voted 8-0-0 to recommend the City Council approve the proposed
amendments.
RECOMMENDATION
The Planning Commission recommends passage of the requested amendments.
H.'I USERSICOMMONIDAWN711001Correspondencelpc_lignor_memo City Council..doc
FAYETTINILLE ~
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain SL r
Fayetteville, AR 72701 cl
0
Telephone: 479-575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Planning Commissioners
FROM: Dawn T. Warrick, Sr. Planner
DATE: February 4, 2002
SUBJECT: Liquor Store Ordinance
The Planning Commission at their regular meeting of January 14, 2002, passed a resolution
directing staff to work with the City Attorney's office to draft an ordinance which would allow
approval of a conditional use permit for a liquor store in the C- 1 zoning district. Minutes from
the January 14`h meeting as well as the draft ordinance are attached for your consideration. This
ordinance has several sections, as many parts of the UDO will need to be modified in order to
allow for this option. The changes are as follows:
• A new "Use Unit" would be created and will define liquor stores
■ Use unit 16 would be amended to remove liquor stores as a permitted use under that use
unit
■ Description of the C-1 , Neighborhood Commercial district would be amended to include
a new use unit (34) for liquor stores as a use allowable on appeal to the Commission
(conditional use)
■ Descriptions of the C-2, C-3 and C-4 districts would be amended to include the new use
unit (34) as a use by right within those districts — these districts already allow this use by
right
H:1 USERMCOMMONIDA HAM2002Cormspondencelpc_liquor—memo%c
Planning Commission
February 11, 2002
ADM02-3 Liquor Store
Page 8. 1
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT
ORDINANCE, OF THE CODE OF FAYETTEVILLE, TO PERMIT LIQUOR
STORES TO BE LOCATED IN DISTRICT C- 1 , NEIGHBORHOOD
COMMERCIAL ON APPEAL TO THE PLANNING COMMISSION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That § 161 . 13 District C-1 Neighborhood Commercial., of the Unified
Development Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in
its stead:
See Exhibit "A" attached hereto and made a part hereof.
Section 2. That § 161 . 14 District C-2 Thoroughfare Commercial., of the Unified
Development Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in
its stead:
See Exhibit `B" attached hereto and made a part hereof.
Section 3. That § 161 . 15 District C-3 Central Commercial., of the Unified Development
Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit "C" attached hereto and made a part hereof.
Section 4. That § 161 . 16 District C-4 Downtown., of the Unified Development Ordinance,
Code of Fayetteville, is hereby repealed and the following is inserted in its stead:
See Exhibit "D" attached hereto and made a part hereof.
Section 5. That § 162.01 , P. Unit 16. Shopping Goods., of d lopment
Ordinance, Code of Fayetteville, is hereby repealed and the folio s in i d:
See Exhibit "E" attached heret and made a here
Section 6. That § 162.01 , HH. Unit 34. Li tore., a co marked ibit "F"
attached hereto and made a ereof, is adopted made part of ified
Development Ordinance, tteville.
PASSED and PRO this da 2002.
PRO
y:
DAN GOODY, Mayor
A ST:
B
WOODRUFF, City Clerk
Planning Commission
February ll, 2002
ADM02-3 Liquor Store
Page 8.2
EXHIBIT "A"
§161.13 DISTRICT C-1 NEIGHBOR-
HOOD COMMERCIAL.
A. Purpose. The Neighborhood C. Bulk and Area
Commercial District is designed Regulations/Set-backs. Setback lines
primarily to provide convenience goods shall meet the following minimum
and personal services for persons living requirements:
in the surrounding residential areas. From Street ROW 50 ft.
From Side Property Line None
B. Uses. From Side Property Line When
Contiguous to a Residential 10 ft.
1. Permitted Uses. District
Unit 1 City-Wide Uses by Right From Back Property Line 20 ft.
Unit 12 Offices, Studios and Related D. Building Area. On e
Services area occupied by all b 1 t
Unit 13 Eating Places exceed 401 of I ea o ch lot.
Unit 15 Neighborhood Shopping
Gasoline Service Stations and E. Regulations. re shall
Unit 18 a no max ght li in C-1
Drive-In Restaurants istrict, p owever, at any
b, ilding w e xc s the h t f ten
Unit 25 Professional Office r shall b 's back from dary
e l e f any dential di stn t o distance
e foo ach foot of height in
es erm ss ble Appeal ex o et.
annin m _t_ n,
2 Citye b
Con :1 nal Pe
3 Pub rot d Utility
F i ies
ultural and Recreational
Facilities
Unit 34 Liquor Store
Planning Commission
February 11, 2002
ADM02-3 Liquor Store
Page 8.3