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HomeMy WebLinkAboutOrdinance 4423 ORDINANCE NO, 4423 AN ORDINANCE CREATING USE UNIT 35 OUTDOOR MUSIC ESTABLISHMENTS IN CHAPTER 162 USE UNITS OF THE FAYETTEVILLE UDO AND AMENDING CHAPTER 161 ZONING REGULATIONS TO ALLOW USE UNIT 35 IN C- 19 C-21 C-3, AND C-4 ZONING DISTRICTS AS A CONDITIONAL USE. WHEREAS, on August 6, 2002, Fayetteville City Council approved Ordinance No. 4409 creating § 163.30 Outdoor Music Establishments requiring a conditional use for outdoor music establishments in the C- 1 , C-2, C-3, and C-4 zoning districts and prohibiting outdoor music establishments in all other zoning districts; and WHEREAS, a use unit for outdoor music establishments needs to be established and indicated as a conditional use in certain zoning districts; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That § 162.01 , 11. Unit 35 Outdoor Music Establishments, a copy of which marked Exhibit "A" attached hereto and made a part hereof, is hereby adopted and made part of the Unified Development Ordinance, Code of Fayetteville. Section 2. 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161 . 13 District C- 1 Neighborhood Commercial., of the Unified Development Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in its stead: See Exhibit "B" attached hereto and made a part hereof. Section 3. 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§ 161 . 14 District C-2 Thoroughfare Commercial., of the Unified Development Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in its stead: See Exhibit "C" attached hereto and made a part hereof. Section 4. That § 161 . 15 District C-3 Central Commercial., of the Unified Development Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in its stead: See Exhibit "D" attached hereto and made a part hereof. Section 5. That § 161 . 16 District C-4 Downtown., of the Unified Development Ordinance, Code of Fayetteville, is hereby repealed and the following is inserted in its stead: See Exhibit "E" attached hereto and made a part hereof. '4/J PASSED and APPROVED this day of . 2002. APPROVED: By: r DAN OODY, ayor ATTEST: d, HEATHER WOODRUFF, City Clerk�� y ord . 4423 Exhibit "Err Unit 21 Warehousing and Wholesale Unit 22 Manufacturing §162.01 Establish men t/Listing. The various use units referred to in the zoning Unit 23 Heavy Industrial district provisions are herein listed in Unit 24 Outdoor Advertising numerical order. Within the use units, the permitted uses are ordinarily listed in Unit 25 Professional Offices alphabetical order. In these use units where Unit 26 Single-Family Dwellings there is a preliminary descriptive statement Unit 27 Wholesale Bulk Petroleum Storage (which may mention specific Uses) in Facilities with Underground Storage addition to the detailed list of uses, the Tanks detailed list shall govern. Unit 28 Center for Collecting Recyclable Materials USE UNITS Unit 29 Single-Family, Two-Family and Unit 1 City-Wide Uses by Right Three-Farruly Dwellings Unit 2 City-Wide Uses by Conditional Use Unit 30 Extractive Uses Permit Unit 3 Public Protection and Utility Facilities Unit 31 Facilities Emitting Odors and Facilities Handlin Ex olives Unit 4 Cultural and Recreational Facilities Unit 32 Sexually Oriented Businesses Unit 5 Government Facilities Unit 33 Adult Live Entertainment Club or Bar Unit 6 Agriculture Unit 34 Liquor Store Unit 7 Animal Husbandry Unit 35 Outdoor Music Establishment Unit 8 Single-Family, Duplexes, and Townhouse Dwellings 11. Unit 35. Outdoor Music Establishment Unit 9 Multifamily Dwellings - Medium Density 1. Description. Unit 35 includes any Unit 10 Multifamily Dwellings - business or establishment that has a garden, patio, High Density rooftop or premises not wholly enclosed by solid Unit 11 Mobile Home Park walls and fully roofed in which amplified or loud music is played that could be audible at nearby Unit 12 Offices, Studios and Related Services residences or business. Unit 13 Eating Places 2. Included Uses. Unit 14 Hotel, Motel and Amusement Outdoor Music Establishments Facilities Unit 15 Neighborhood Shopping Goods Unit 16 Shopping Goods Unit 17 Trades and Services Unit 18 Gasoline Service Station and Drive-In Restaurants Unit 19 Commercial Recreation Unit 20 Commercial Recreation, Large Sites ord . 4423 Exhibit "B" D. Building Area. On any lot the §161 .13 DISTRICT C-1 NEIGHBOR- area occupied by all buildings shall not HOOD COMMERCIAL. exceed 40% of the total area of such lot. E. Height Regulations. There shall A. Purpose. The Neighborhood be no maximum height limits in C- 1 Commercial District is designed primarily to District, provided, however, that any provide convenience goods and personal building which exceeds the height of ten feet services for persons living in the shall be set back from any boundary line of surrounding residential areas. any residential district a distance of one foot for each foot of height in excess of ten feet. B. Uses. (Code 1991 , § 160.035 ; Code 1965 , App. A, 1 . Permitted Uses. Art. 5(V); Ord. No. 1747, 6-29-89 ; Ord. No. Unit 1 City-Wide Uses by Right 2603, 2- 19-80) 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. Unit 2 City-Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 4 Cultural and Recreational Facilities Unit 35 Outdoor Music Establishments C. Bulk and Area Regulations/Setbacks. Setback lines shall meet the following minimum re uirements: From Street ROW 50 ft. From Side Property Line None From Side Property Line 10 ft. When Contiguous to a Residential District From Back Property Line 20 ft. • • ord , 4423 Exhibit «C» Unit 28 Center for Collecting Recyclable Materials §161 .14 DISTRICT C-2 THOROUGH- Unit 32 Sexually Oriented Business FARE COMMERCIAL. Unit 35 Outdoor Music Establishments A. Purpose. The Thoroughfare Commercial District is designed especially C. Bulk and Area Regulations. to encourage the functional grouping of Setback lines shall meet the following these commercial enterprises catering minimum requirements: primarily to highway travelers. From Street ROW 50 ft. From Side Property Line None B. Uses. From Side Property Line 15 ft. When Contiguous to a 1 . Permitted Uses, Residential District Unit 1 City-Wide Uses by Right From Back Property 20 ft. Unit 4 Cultural and Recreational Line Facilities Unit 12 Offices, Studios and Related D. Building Area. On any lot the Services area occupied by all buildings shall not Unit 13 Eating Places exceed 60% of the total area of such lot. Unit 14 Hotel, Motel and Amusement E. Height Regulations. In District Facilities C-2 any building which exceeds the height Unit 15 Neighborhood Shopping Goods of 20 feet shall be set back from any Unit 16 Shopping Goods boundary line of any residential district a distance of one foot for each foot of height Unit 17 Trades and Services in excess of 20 feet. No building shall Unit 18 Gasoline Service Stations and exceed six stories or 75 feet in height. Drive-In Restaurants (Code 1991 &g160.036; Code 1965, App. A, Unit 19 Commercial Recreation Art. 5(VI); ' Ord. No. 1747, 6-29-89. Ord. No. 1863 , 11 - 1 -71 Ord. No. 2351 , 6-' - 177 ; Unit 20 Commercial Recreation, Large Ord. o.9 2603, J- 19-80; Ord. No. 4034, Sites Unit 24 Outdoor Advertising Unit 33 Adult Live Entertainment Club or Bar 2. Uses Permissible on Appeal to the Planning Commission. Unit 2 City-Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 21 Warehousing and Wholesale . ord . 4423 Exhibit "D,, Unit 28 Center for Collecting Recyclable Materials §161 .15 DISTRICT C-3 CENTRAL Unit 35 Outdoor Music COMMERCIAL. Establishments A. Purpose. The Central C. Bulk and Area Commercial District is designed to Regulations/ Setbacks. Setback lines shall accommodate the commercial and related meet the followingminimum re uirements: uses commonly found in the central business Central Shopping district or regional shopping centers which Business Center provide a wide range of retail and personal District service uses. From Street ROW 5 ft. 25 ft. B. Uses. From Street ROW 50 ft. 50 ft. 1 . Permitted Uses. if Parking is Unit 1 City-Wide Uses by Ri ht Allowed Between Unit 4 Cultural and Recreational the ROW and the Facilities Building Unit 5 Government Facilities From Side None None Property Line Unit 9 Multifamily Dwelling - Low From Side 10 ft. 25 ft. Density Property Line Unit 10 Multifamily- High Density When Contiguous Unit 12 Offices, Studios and Related to a Residential Services District Unit 13 Eating Places From Back 15 ft. 25 ft. Property Line Unit 14 Hotel, Motel and Without Ease- Amusement Facilities ment or Alley Unit 15 Neighborhood Shopping From Centerline 10 ft. 10 ft. Goods Line of a Public Unit 16 Shopping Goods Alley Unit 18 Gas Service Stations and Drive-In Restaurants (Code 1991 , § 160.037; Code 1965 , App. A, Unit 19 Commercial Recreation Art. 5(VII); Ord. No. 1747, 6-29-89; Ord. No. 2351 , 6-21 -77; Ord. No. 2603 , 2- 19-80) 2. Uses Permissible on Appeal to the Planning Commission. Unit 2 City-Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 19 Trades and Services • . ord . 4423 Exhibit "E" Unit 28 Center for Collecting Recyclable Materials §161 .16 DISTRICT C-4 DOWNTOWN, Unit 35 Outdoor Music Establishments A. Purpose. The Downtown C. Bulk and Area District is designed to accommodate the Regulations/Setbacks. Setback lines shall commercial, office, governmental and meet the following minimum requirements: related uses commonly found in the central From Street ROW 5ft. downtown area which provide a wide range From Street ROW if a None of retail, financial, professional office, and Sidewalk is in Existence governmental office uses. or to be Provided B. Uses. From Side Property Line None From Side Property Line 10 ft. 1 . Permitted Uses. When Contiguous to a Unit 1 City-Wide Uses by Right Residential District 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 I Easement or Alley Services Unit 13 Eating Places Unit 14 Hotel, Motel and Amusement (Code 1991 ; § 160.038 ; Code 1965, App. A, Art. 5 (VII(a)); Ord. No. 1747, 6-29-89; Facilities Ord. No. 2148, 10-7-75 ; Ord. No. 2351 , 6- Unit 15 Neighborhood Shopping 21 -77; Ord. No. 2362, 8-2-77) Goods Unit 16 Shopping Goods Unit 19 Commercial Recreation Unit 25 Professional Offices 2. Uses Permissible on Appeal to the Planning 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 NAME OF FILE: Ordinance No. 4423 CROSS REFERENCE: Item # Date Document 1 10/01 /02 Ordinance 4423 2 10/01 /02 Staff Review Form 3 09/05/02 Memo to Mayor Coody from Tim Conklin 09/05/02Memo to Fayetteville Planning Commission from Shelli 4 Rushing 5 09/09/02 Planning Commission Meeting 8 10/08/02 Memo to Kevin Springer from Heather Woodruff NOTES ; STAFF REVIEW FORM x Agenda Request Contract Review Grant Review For the Fayetteville City Council meeting of October 1 , 2002 . FROM: Tim Conklin Planning Urban Development Name Division Department ACTION REQUESTED : To adopt an ordinance creating Use Unit 35 Outdoor Music Establishments in Chapter 162 Use Conditions and adding Use Unit 35 to C- 1 , C-2 , C- 3 , and C- 4 zoning districts in Chapter 161 Zoning Regulations of the Unified Development Ordinance . COST TO CITY : $ 0 Cost of this request Category/ Project Budget Category/ Project Name Account Number Funds used to date Program Name Project Number Remaining balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : Accounting anager Date ADA Coordinator Date � /L -ate Cit Attorkiey Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and on September 9 , 2002 the Planning Commission voted 8 - 0 - 0 to recommend the ordinance be approved by the City Council . Cross Reference �Di "%� ^ 11�a/t1'6 v Deprarbdent Director Date New Item : Yes No Adm ' istrati Services Date Prev Ord/Res# : Di e or JJ//1J''J��L�,, ,`�` Mayor Date Orig Contract Date : FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM: Tim Conklin, A.I.C.P., City Planner DATE: September 5, 2002 BACKGROUND On August 6, 2002, Fayetteville City Council approved Ordinance No. 4409 creating 163 .30 Outdoor Music Establishments requiring a conditional use for outdoor music establishments in the C- 1 , C-2, C-3 and C-4 zoning districts and prohibiting outdoor music establishments in all other zoning districts. This ordinance needs to be incorporated into Chapter 161 Zoning Regulations and Chapter 162 Use Conditions of the Unified Development Ordinance. Staff is proposing the attached ordinance to ensure the UDO reflects the new outdoor music establishment ordinance. CURRENTSTATUS Staff recommended approval and on September 9, 2002 the Planning Commission voted 8-0-0 to recommend approval of the ordinance amendment. RECOMMENDATION Staff recommends City Council approve the amendment. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8264 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Shelli Rushing, A.I.C.P., Associate Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: September 5, 2002 ADM 02-30.00: Administrative Item (Outdoor Music Establishments) to approve an ordinance creating Use Unit 35 Outdoor Music Establishments in Chapter 162 Use Conditions and adding Use Unit 35 to C- 1 , C-21 C-3, and C-4 zoning districts in Chapter 161 Zoning Regulations of the Unified Development Ordinance. RECOMMENDATION Staff recommends Planning Commission recommend approval and forward to City Council. BACKGROUND On August 6, 2002, Fayetteville City Council approved Ordinance No. 4409 creating 16330 Outdoor Music Establishments requiring a conditional use for outdoor music establishments in the C- 1 , C-2, C-3 and C-4 zoning districts and prohibiting outdoor music establishments in all other zoning districts. This ordinance needs to be incorporated into Chapter 161 Zoning Regulations and Chapter 162 Use Conditions of the Unified Development Ordinance. Staff is proposing the attached ordinance to ensure the UDO reflects the new outdoor music establishment ordinance. ORDINANCE NO, AN ORDINANCE CREATING USE UNIT 35 OUTDOOR MUSIC ESTABLISHMENTS IN CHAPTER 162 USE . UNITS OF THE FAYETTEVILLE UDO AND AMENDING CHAPTER 161 ZONING REGULATIONS TO ALLOW USE UNIT 35 IN C-1 , C-2, C-3, AND C-4 ZONING DISTRICTS AS A CONDITIONAL USE. WHEREAS, on August 6, 2002, Fayetteville City Council approved Ordinance No. 4409 creating § 163.30 Outdoor Music Establishments requiring a conditional use for outdoor music establishments in the C-1 , C-2, C-3, and C-4 zoning districts and prohibiting outdoor music establishments in all other zoning districts; and WHEREAS, a use unit for outdoor music establishments needs to be established and indicated as a conditional use in certain zoning districts; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That § 162.019 Il. Unit 35 Outdoor Music Establishments, a copy of which marked Exhibit "A" attached hereto and made a part hereof, is hereby adopted and made part of the Unified Development Ordinance, Code of Fayetteville. Section 2. 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 "B" attached hereto and made a part hereof. Section 3. 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 "C" attached hereto and made a part hereof. Section 4. 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 "D" attached hereto and made a part hereof. Section 5. 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 "E" attached hereto and made a part hereof. PASSED and APPROVED this day of 2002. APPROVED: By: DAN COODY, Mayor ATTEST: By: HEATHER WOODRUFF, City Clerk Exhibit "A" §162.01 Establishment/Listing. The Unit 19 Commercial Recreation various use units referred to in the zoning Unit 20 Commercial Recreation, Large Sites district provisions are herein listed in numerical order. Within the use units, the Unit 21 Warehousing and Wholesale permitted uses are ordinarily listed in Unit 22 Manufacturing alphabetical order. In these use units where there is a preliminary descriptive statement Unit 23 Heavy Industrial (which may mention specific uses) in Unit 24 Outdoor Advertising addition to the detailed list of uses, the detailed list shall govern. Unit 25 Professional Offices USE UNITS Unit 26 Single-Family Dwellings Unit 1 City-Wide Uses by Right Unit 27 Wholesale Bulk Petroleum Storage Unit 2 City-Wide Uses by Conditional Use Facilities with Underground Storage Permit Tanks Unit 3 Public Protection and Utility Facilities Unit 28 Center for Collecting Recyclable Materials Unit 4 Cultural and Recreational Facilities Unit 29 Single-Family, Two-Family and Unit 5 Government Facilities Three-Family Dwellings Unit 30 Extractive Uses Unit 6 Agriculture Unit 31 Facilities Emitting Odors and Unit 7 Animal Husbandry Facilities Handling Ex osives Unit 32 Sexually Oriented Businesses Unit 8 Single-Family, Duplexes, and Townhouse Dwellings Unit 33 Adult Live Entertainment Club or Bar Unit 9 Multifamily Dwellings - Medium Density Unit 34 Liquor Store Unit 10 Multifamily Dwellings - Unit35 Outdoor Music Establishmeni High Density Unit I 1 Mobile Home Park Unit 12 - Offices, Studios and Related Services U. Unit 35. Outdoor Music Establishment Unit 13 Eating Places 1. Description Unit 35;Includes any, business or,establishment thairhas=a kiirden; patio,, Unit 14 Hotel, Motel and Amusement roatiop or premises noliwholly enclosed by solid Facilities wal[s.pnd fully roofed.in which;ampliifi d or.loud Unit 15 Neighborhood Shopping Goods music'is played that could be audible at nearby res=deuces orzbusiness.. Unit 16 Shopping Goods 2. Included Uses. Unit 17 Trades and Services Outdoor Music.Establishmentd Unit 18 Gasoline Service Station and Drive-In Restaurants