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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§ 161 . 13 District C-1 Neighborhood Commercial., of the Unified Development Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in its stead: See Exhibit "A" attached hereto and made a part hereof.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§ 161 . 14 District C-2 Thoroughfare Commercial., of the Unified Development Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in its stead: See Exhibit `B" attached hereto and made a part hereof.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That § 161 . 15 District C-3 Central Commercial., of the Unified Development Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in its stead: See Exhibit "C" attached hereto and made a part hereof.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 That § 161 . 16 District C4 Downtown., of the Unified Development Ordinance, ' Code of Fayetteville, is hereby repealed and the following is inserted in its stead: See Exhibit "D" attached hereto and made a part hereof.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 Shopping Goods., of the Unified Development Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in its stead: See Exhibit `B" attached hereto and made a part hereof.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 a a EXHIBIT "B" §161.14 DISTRICT C-2 THOROUGH- 2. Uses Permissible on Appeal to FARE COMMERCIAL. the Planning Commission. A. Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. B. Uses. 1. Permitted Uses. Unit 1 City -Wide Uses by Right Unit 4 Cultural and Recreational Facilities Unit 12 Offices, Studios and Related Services Unit 13 Eating Places Unit 14 Hotel, Motel an442Ji1tqnt Facilities Unit 15 e rhood nods ¶ opp' Unit Shoppi o0 Unit Trades " Se r • s Unit Gaso Se tations and D'DSn Restaurants U ' Commercial Recreation Unit 20 Commercial Recreation, Large Sites Unit 24 Outdoor Advertising Unit 33 Adult Live Entertainment Club or Bar Unit 34 Liquor Store Unit 2 City -Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 21 Warehousing and Wholesale Unit 28 Center for Collecting Recyclable Materials Unit 32 Sexually Oriented Bus' - •Y. j Y4 i b 01= D. Building Area. On any lot the area occupied by all buildings shall not exceed 60% of the total area of such lot. E. Height Regulations. In District C-2 any building which exceeds the height of 20 feet shall be set back from any boundary line of any residential district a distance of one foot for each foot of height in excess of 20 feet. No building shall exceed six stories or 75 feet in height. Planning Commission February 11, 2002 ADM02-3 Liquor Store Page 8.4 0 0 EXHIBIT "C" §161.15 DISTRICT C-3 CENTRAL COMMERCIAL. A. Purpose. The Central Commercial District is designed to accommodate the commercial and related uses commonly found in the central business district or regional shopping centers which provide a wide range of retail and personal service uses. B. Uses. 1- Permitted Uses. UflSt1aWtaSNta tin ii ® , . . . . . q.. r2. 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 7 C. Bulk and Area Regulations/ Setbacks. Setback lines shall meet the following minimum requirements: ' • * 'r Planning Commission February II, 2002 ADM02-3 Liquor Store Page 8.5 0 EXHIBIT "D" 40 §161.16 DISTRICT C-4 DOWNTOWN. A. Purpose. The Downtown District is designed to accommodate the commercial, office, governmental and related uses commonly found in the central downtown area• which provide a wide range of retail, financial, professional office, and governmental office uses. B. Uses. 1. Permitted Uses. Unit 1 City -Wide Uses by Right Unit 4 Cultural and Recreational Facilities Unit 5 Government Facilities Unit 12 Offices, Studios and Related 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 Plannine 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 C. Bulk and Area Regulations/Setbacks. Setback lines shall meet the following minimum reauirements: From Street ROW 5 ft. From Street ROW if a None Sidewalk in Existence or to be Provided From Side Property Line None From Side Property Line 10 ft. When Contiguous to a Residential District From Back Property Line None Without Easement or Alley From Center Line of an 8 ft. Easement or Alley Planning Commission February 11, 2002 ADM02-3 Liquor Store Page 8.6 0 EXHIBIT "E" 0 P. Unit 16. Shopping Goods. 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 Establishments: Fur Apparel -Millinery Automotive, Marine Craft -Auto Accessory Store -Auto Sales Establishment: -Boat and Accessories -Bookstore -Dry Goods -Garden Supply General Merchandise -Department Store -Mail Order Establishment: -Trading Stam Redemption Store -Hardware Store Home Furniture: _Cpplian - hh e p les, ins Cover -F re M• ents Se,. e Es ishments: B hCo i Fa -Li.. -Pcsy4qce Pe o al Serv• : o 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 Planning Commission February 11, 2002 ADM02-3 Liquor Store Page 8.7 0 EXHIBIT "F" 0 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 Planning Commission February 11, 2002 ADM02-3 Liquor Store Page 8.8 Planning Commission February 11, 2002 Page 46 ADM 02-3.00: Administrative Item (Liquor Stores) was submitted by Planning Division for Planning Commission consideration of an ordinance amending Zoning, Chapter 160 of the Unified Development Ordinance of the City of Fayetteville to remove the use of a liquor store from use unit 16 and allow that use as a conditional use within the C-1, Neighborhood Commercial zoning district, while remaining a permitted use by right in the C-2, C-3 and C-4 districts. Estes: The next item on the agenda is item number 8, this is submitted by the Planning Division for Planning Commission consideration of an ordinance amending Zoning Chapter 160 of the Unified Development Ordinance of the City of Fayetteville to remove the use of a liquor store from use unit 16 and allow that use as a conditional use within the C-1, Neighborhood Commercial zoning district, while remaining a permitted use by right in the C-2, C-3 and C-4 districts. This item was first proposed by Commissioner Man at a regularly scheduled meeting of this Commission and is now before us for our consideration. Mr. Conklin, is there any presentation? Conklin: Yes, I will briefly go over the proposed changes to our zoning ordinance. The Planning Commission, on January 14`s , did pass a resolution directing staff to work with our City Attorney's office to propose an amended ordinance to amend our zoning district to allow liquor stores as a conditional use in a C-1 zoning district. We have attached those minutes for your reference as a part of this packet. This amendment would create a new use unit which would create the liquor store use unit and would define what a liquor store is. Use Unit 16, which currently has the liquor store term in there, would be amended to remove liquor store as a permitted use under that use unit. The description of the C-1 zoning district would be amended to include the new use unit 34 which is our liquor store use unit as a use allowable on appeal to the Planning Commission. That means that by doing this amendment an individual in a C-1 zoned property could apply for a conditional use which would be brought before the Planning Commission for approval. The descriptions in the C-2, C-3, C-4 zoning districts would have to be amended to include use unit 34 within those districts. Those zoning districts and that use unit 34 would replace the unit 16 once that is removed. There would be no change within those zoning districts other than to make sure that use unit 34 appears within those zoning districts. That is the proposed amendments to the zoning ordinance. It takes a little work to change the use unit and the different zoning districts so that is why it is kind of detailed. If you have any questions I would be more than happy to try to answer them. Planning Commission February 11, 2002 Page 47 Public Comment: Estes: Thank you Mr. Conklin. Is there any member of the audience who would like to comment on ADM 02-3.00? Seeing none, I will bring it back to the Commission for discussion, motions, or any questions of Mr. Conklin. Motion: Man: I would like to thank staff for drafting this proposed ordinance to be forwarded to the City Council. As we talked about earlier, I think it is important that we have this as an option and not have the requirement of a C-2 zoning which would allow uses that may otherwise be inappropriate. I would like to move for approval of ADM 02-3.00 to forward to the City Council. Estes: We have a motion by Commissioner Man to approve ADM 02-3.00 and to forward to the full City Council the recommended ordinance change, is there a second? Hoffman: I will second it. Estes: We have a second by Commissioner Hoffman, is there any discussion? Williams: Mr. Chairman, my only discussion is I think you will approve this and I would encourage members of the Commission to appear before the City Council when this does come to the City Council so you can advise them why you recommend such a change. Estes: Thank you Mr. Williams. Is there any other discussion? Renee, would you call the roll please? Roll Call: Upon the completion of roll call the motion to forward ADM 02-3.00 to the City Council was approved by a vote of 8-0-0. Estes: The motion passes by a unanimous vote of eight to zero. 0 n Planning Commission January 14, 2002 Page 38 ADM 02-3.00: Administrative Item (Liquor Store) was submitted by City Planning staffforPlanning Commission consideration of a resolution directing staffto bring forward an ordinance allowing liquor stores to be located within the C -I zoning district as a use permitted on appeal to the Commission (conditional use). Estes: The last item on the agenda is an administrative item. This is submitted by our City Planning Staff for Planning Commission consideration of a resolution directing staffto bring forward an ordinance allowing liquor stores to be located within the C-1 zoning district as a use permitted on appeal to the Commission (conditional use). This is in response to Commissioner Man's suggestion and request made at the agenda session. Tim, is there anything that we need to know about this administrative item? Conklin: This administrative item will be brought forward to the Commission if you do vote and direct staff to bring forward an ordinance amending our zoning code. Our idea is to remove liquor stores from use unit 16 which is a group of uses that probably contain about thirty different uses and create a separate use unit in order to separate that out and make this a conditional use in a C-1 zoning district. We would work with the City Attorney's office to bring forward an ordinance that would amend our zoning code and create a new use unit for a liquor store. Estes: Is there any'discussion? Commissioner Bunch. Bunch: The use unit would remain as a use by right in C-2? Conklin: Yes. Bunch: It would just be by conditional use in C-1? Conklin: Yes. If we don't break it out from Use Unit 16 it would include all the uses allowed in Use Unit 16. This is one way to accomplish amending our zoning code without allowing all of these other uses as conditional uses. Man: One of the reasons that we talked about it at agenda session is I thought it was important as a Commission if we all supported that or the majority supported that. I thought we needed to basically present it in that manner. I'm uncomfortable with just one single use like that that I think we tend to make some exceptions. We are giving an ok for all the uses in a C-2. There are certain situations where I think it should be more limited to uses in a C-1 which was the premises for my original comments. Ward: Tim, do you feel like there was any other uses that we see coming to us quite a bit other than liquor stores that would fall under the same? Conklin: Recently we amended our C-1 zoning use, excuse me, let me back up. We amended Use w I Planning Commission January 14, 2002 Page 39 Unit 15 and added additional uses within Use Unit 15 which are the uses allowed under a C-1 zoning district. That has resulted in fewer rezonings for clothing stores and other types of retail that was only allowed in C-2. I think that this liquor store will probably result in fewer rezonings too with regard to liquor stores. We haven't really seen any other rezonings that have been applied for based on a use that may be appropriate in C-1 but is now only allowed in C-2. Estes: Is there any other discussion? Hoffman: I'm definitely in support of this change to our zoning ordinance and I think that when we look at a conditional use in a C -I zone for a liquor store that that gives us much more control over those uses on those sites and we don't have to rezone large tracts of land that could let other uses in besides liquor stores. I don't want to call it spot zoning because that is an unpopular term but I do think we need this. I would like to thank Commissioner Man for bringing it up. Estes: Ok, is there any other discussion? Is there a motion? Hoffman: Do we need one? Estes: Do we need a motion? Conklin: Yes, I would like the Commission to vote on that and direct staffto bring that forward. Typically, within any of our ordinances, this past year I found myselfhaving one or two individuals, Commissioners or non -Commissioners bringing issues forward I want to have some clear direction that there is a consensus on the Commission that this is something that we want to study and bring forward so we don't spend a lot oftime on an issue that maybe the rest of the Commission doesn't think it is important for us to amend the ordinance or add an ordinance. Motion: Estes: Let me make a motion that we direct staffto bring forward an ordinance allowing liquor stores to be located within a C -I zoning district as a use permitted on appeal to the Planning Commission and that such ordinance be put before this Commission for determination. Man: I'll second. Estes: We have a motion by the Chair and a second by Commissioner Man. Is there any other discussion? Renee, would you call the roll please? C1 n Planning Commission January 14, 2002 Page 40 Roll Call: Upon the completion ofroll call the motion to approve ADM 02-3.00 was approved by a vote of 9-0-0. Estes: The motion passes by a unanimous vote of nine to zero. Tim, is there any other business to come before the Commission? Conklin: I would just like to keep the Commission informed with the ongoing impact fee study. Our consultant will be back on Wednesday, February 6, 2002. I will have information to you. Our City Council has asked that the consultant bring forward the water and waste water study ahead ofroad impact fee and the analysis ofour park land dedication. I do intend, or the consultant intends to provide to the city mid -January, in a week or so, a draft road impact fee study. We will have Jim Duncan, the principal of Duncan & Associates here. Right now we are looking at possibly ajoint meeting with the Planning Commission and City Council to look at wastewater and we will have more information on that. I just wanted to give you a heads upon something that is coming up and that is that our impact fee consultant will be here Wednesday, February 6, 2002. Thanks. Estes: Are there any other announcements? We will stand adjourned. Meeting adjourned: 7:15 p.m. STAFF REVIEW FORM X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of March 5, 2002. FROM: Tim Conklin Planning Name Division ACTION REQUIRED: To approve an ordinance for ADM 02-3.00 amending zoning, Chapter. -- 160 of the Unified Development Ordinance of the City of Fayetteville to remove the use of a liquor store from use unit 16 and allow that use as a conditional use within the C-1, Neighborhood Commercial zoning district, while remaining a permitted use by right in the C-2. C-3 and C-4 districts. COST TO CITY: Cost of this Request Account Number Project Number BUI Category/Project Budget Funds Used To Date Remaining Balance REVIEW: Budgeted Item _ Budget Category/Project Name Program Name Fund ustment Attached Budget Manager Administrative Services Director -CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Acc ting Mana r Date Internal Auditor Date Z 2(/02 City to may Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: Staff recommended approval and on February 11, 2002 the Fayetteville Planning Commission voted 8-0-0 for approval. ] -Is -u Division Head / Date Cross Reference r Services Director Date Date New Item: Yes Prev Ord/Res #: Orig Contract Date: Orig Contract FAYETTEV1LE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDE To: Tim Conklin, City Planner From: Heather Woodruff, City Clerk Date: March 7, 2002 Please find attached a copy of Ordinance 4376 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. The original will be microfilmed and filed with the City Clerk cc: Nancy Smith, Internal Audit Clarice Pearman, Codifier 010 03 update Document Reference Date ORD 3052002 Enter Keywords....... City of Fayetteville Index Maintenance • iterrr Action File Reference #......: security Class........: Expiration Date.......: Date for Cont/Referred: Name Referred to......: 3/12/2002 7:55:06 Ref. Taken Brief Description 4376 AMEND TITLE XV/LIQUOR STR/DIST. C-1 - - - - - - - - - - - - - - - - - - - - - - ORD. 43-76 AMEND TITLE XV UNIFIED DEVELOPMETN ORDINANCE CODE OF FAYETTEVILLE LIQUOR STORES DISTRICT C-1 NEIGHBORHOOD COMMERCIAL APPEAL MICORFILM Retention Type: _ **** Active **** Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp. i • ncc ME/1"ED ARKANSAS DEMOCRAT -GAZETTE Northwest Arkansas Edition N.W. Arkansas Times ------- 13enton County Daily Record I'.0. nox 1407 1'.0. Ilo.a 1049 Faycticriilc, AIL 72702 Ilcntonvillc. Alt 72712 Phone: (479) 571-6400 Phone: (479) 271-3700 I:ac: (479) 442-1760 Fax: (479) 945-1056 AFFIDAVIT OF PUBLICATION 1,w , do solemnly swear that I am Legal Clerk of the Arkansas Democrat -Gazette newspaper, printed and published at Lowell, Arkansas, and that from my own personal knowledge and TO BE LOCATED IN reference to the files of said publication, the advertisement of: STORES ,NEIGHBORHOODCOM- .MERCIAL ON APPEAL TOTHE Dct'1n R AINED BY J(�� BE IT COMMIES THE CITY COUNCIL OF THE CITY OF FAY- bi l by LLE, ARKANSAS: Section 1. That §$161.13 District was inserted in the regular editions on: C-1 Neighborhood Commeresl., of the Unified Development Ordinance, Code ofFayettevdle, is hereby r, - 3J� pseud d he toAoxing is hoofed in C/UJ See Exhibit A' attached hereto and made a pan hereof. k Section 2. That §161.14 District Publication Charge $ I C-2 ea o f CCom Ordiof nance, cthe Purchase Order Code of Fayetteville, Is hereby re - coaled and the fnRnw ,n Ic inealal In Subscribed and sworn to before me this bee Lxhlbit'Battached hereto and made aped hereof. Section 3. That §161.15 District C-3 Central commercial., of the Uni- day of ' 2002 lied Deveopment Ordinance, Code of Fayetteville, is hereby repealed and the folbwing is insened in d$ stead: See Exhibit 'C' attached hereto and made a pan hereof. Section 4. That §161.16 District Notary Public C- Downbwn.,ottheunifledfev. � opment Ordinance, Code of Fay - My Commission expires: etteville, is hereby repealed and the Official Seal am TAMMY ALLEN 16 Notaryblic Pu-Arkansas Fa Fe ss Please MY do n pay R -w2ff ll a sent. arc 34. B� PASSED and APPROVED this 5th pay of Mutlh 2662. APPROVED: CDDDY, Maya MARARv 2- 200, Gtyc k ER WOODRUFF, CITY OF FA r, March 16, 2002 5681163 CITY CLERICS - ? UrHCE �-- -- '