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HomeMy WebLinkAboutOrdinance 4468 ORDINANCE NO. 4468 AN ORDINANCE APPROVING ADM 03- 1 .00 TO AMEND CHAPTER 161 ZONING REGULATIONS OF THE UNIFIED DEVELOPMENT ORDINANCE TO ALLOW USE UNIT 13 , EATING PLACES IN § 161 .22 C, R-PZD RESIDENTIAL PLANNED ZONING DISTRICT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1 . That Chapter 161 , Zoning Regulations, of the Unified Development Ordinance, shall be amended to include Use Unit 13, Eating Places in §161 .22 C, R-PZD Residential Planned Zoning District See Exhibit "A" attached hereto and made a part hereof. PASSED and APPROVED this the 4`h day of March, 2003 . APPRO D: • , '/> ,lea* �+ i S`0' w DAN COODY, Mayor BY: QGIDt�J� Sondra Smith, City Clerk EXHIBIT "A" To be inserted in Chapter 161 Zoning Regulations: §161 .22 District PZD Planned Zoning District. A. Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single-purpose or mixed-use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the development proposed for the district can accomplish one or more of the following goals. 1 . Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. 2. Compatibility. Providing for compatibility with the surrounding land uses. 3 . Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. 4. Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. 5. No negative impact. Does not have a negative effect upon the future development of the area; 6. Coordination. Permit coordination of the planning of the land surrounding the PZD and cooperation between the City and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. 7. Open Space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. 8. Natural Features. Maximum enhancement and minimal disruption of existing natural features and amenities. 9. General Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the General Plan. 10. Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. B. Rezoning. Property may be rezoned to the Planned Zoning District by the City Council in accordance with the requirements of this chapter and Chapter 166 Development. Each rezoning parcel shall be described as a separate district, with distinct boundaries and specific design and development standards. Each district shall be assigned a project number or label, along with the designation "PZD". The rezoning shall include the adoption of a specific master development plan and development standards. C. R - PZD Residential Planned Zoning District a. Purpose and intent. The R-PZD is intended to accommodate mixed-use or clustered residential developments and to accommodate single-use residential developments that are determined to be more appropriate for a PZD application than a general residential rezone. The legislative purposes, intent, and application of this district include, but are not limited to, the following: 1 . To encourage a variety and flexibility in land development and land use for predominately residential areas, consistent with the city's general plan and the orderly development of the city. 2. To provide a framework within which an effective relationship of different land uses and activities within a single development, or when considered with abutting parcels of land, can be planned on a total basis. 3 . To provide a harmonious relationship with the surrounding development, minimizing such influences as land use incompatibilities, heavy traffic and congestion, and excessive demands on planned and existing public facilities. 4. To provide a means of developing areas with special physical features to enhance natural beauty and other attributes. 5 . To encourage the efficient use of those public facilities required in connection with new residential development. b. Permitted Uses. Unit 1 City-Wide Uses by Right Unit 2 City-Wide Uses by Conditional Use Permit Unit 3 Public Protection and Utility Facilities Unit 4 Cultural and Recreational Facilities Unit 5 Goventment Facilities Unit 8 Single-Family and Two-Family Dwellings Unit 9 Multifamily Dwellings — Medium Density Unit 10 Multifamily Dwellings — HiDensity Unit 12 Offices, Studios and Related Services Unit 13Eating Places Unit 15 Neighborhood Shopping Unit 19 Commercial Recreation Unit 25 Professional Offices Unit 26 Single-Family Dwelling Unit 29 Single-Family, Two-Family and Three-Family Dwellings c. Condition. In no instance shall the residential use area be less than fifty-one percent (51 %) of the gross floor area within the development. 0 NAME OF FILE: Ordinance No. 4468 CROSS REFERENCE: Item # Date Document 1 03/04/02 10rd. No. 4468 w/Ex. A 2 02/20/03 Staff Review Form w/attachments: memo to mayor/city council draft ordinance 2/6/03 memo to Planning Commission 2/10/03 copy of minutes 3 03/10/03 Imernoto Tim Conklin 4 03/10/03 lAffidavit of Publication NOTES: NORTI#VEST ARKANSAO EDITION { Arkansas Democrat 7W 0aziette RECE► VED AFFIDAVIT OF PUBLICATION M4R 11 2003 CITY TYCLERM EV, do solemnly swear that I am Leg I Clerk of the Arkansas Democrat-Gazette newspaper, printed and published in Lowell , Arkansas, and that from my own personal knowledge and reference to the files of said publication , the advertisement of: was inserted in the regular editions on ** Publication Charge : $ • 00 Subscribed and swom to before me this day of , 2003. tai Pu li My Commission Expires: Ce4 liaal Seal MY ALLEN Please do UNNTTY An invoiceo(n Expires 11 -05-2p11 212 NORTH EAST AVENUE P.O. BOX 1607 FAYErTEVILLE, ARKANSAS 72702 (501 ) 442-1700 ~ ORDINANCE NO. 4988 AN ORDINANCE APPROVING ADM 03-1.00 TO AMEND GRAPIER 161 ZONING REGULATIONS OF THE UNIFIED DEVELOPMENT ORDINANCE TO ALLOW USE UNIT 13, EAT- ING PLACES IN 6761.22 C, R-PZD RESrDENTAI PLANNED ZONING DISTRICT Cit1l of FftTU Be BE R ORDAINED By THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. Thal Chapter 161, Zoning Reg,eters. of the LMhed Devebpmgnt Ordinance, enol be emended to InOUde Use Unit 13, Eatng Places In (181.22 C, R-PZD Residential Planned Zoning District See Exhibit W attached hereto and made a pert hereof. PASSED and APPROVED that the 41h day O1 March. 2003, APPROVED: By: DAN COOD MMeyw ATTEST: By: Sordre SmAh, CMy Clerk ERHiBIT 'A' To be inserted In Chapter 161 Zoning Raguatlons: §161.22 District PZD planned Zor" District. A- PI+Pose. The Ment of the PannOd Zang DIM is to Parrs and a cMage planned de+aoprents whoas pr/pom is redevebgruent. ewrorrfc developrnanl, cultural Wrorhen,or to prude a NrKpe-purpose Or mixed-use planned dedopmem and to penult the combination of a". opment and zoning review Into a 6hnult&Iepy9 process, Thg a e rezorYrproperty to the PZD may W deemed appropriate a the development proposed kr the district can acemndish one amors a the. to. lowing goals: Q ULu 1. Rewbft R Adyg br,setioltty in lie dlsWWWn of lend ism, in the density of deteopnent and h W s� J U Otho malas tYPIcaM regulated In zoningdaMcts. C S LL 2. CEM pew IryPa'ding for canPathility wan the sf m n dhg Land tales N lL.U, UL 3.beneficial to the ^g atlaty, arid creat Q anargan ant of ISM ism that ere hernpNoua and h- 4. Valet'. PrONdng la as a vadaty a hoisting types, arploynisnr opocri dales or Oamerckd Or hwASW- W r{ 1II - Y a sa 'bal a any oar6ire0on 11181901, to adJee merely and Negation Of ecaemc and redevelop- mentoppatunass. m on U U. ¢ 5. No mJaM Impact. Doret neve a negative affect upthe Mire development of the area: � U. U6. Coordination. Perth cocronalon a the parnIng a the lend wm dug the PZD and cooperation O between the Gly and Primate develovers In the vDWzabon of new ands and In she renewal of cxlsti g W }U deteriorating F- l &am. 7. Open Sp o of mag eca and sbmtad open spicl trees and ahaLTomerron aORUm that would not Otherwise co mq*ads coorwenoreand cevelopment repJ -tae. 8. Natural Features: Maximum at"OhOBnlent and mnMal dlaruptbn of "fig naMal features and amenias. 9. cereal Nan. Cmipraemke and Virmatke Patmyg and design of mixed 1sO yet hemnniolp deve- IWhens cored and wain the 90ft policies Of the General Pan. 0. Spain Features. Better ulliratbn of sem WerwtOrlzm by Spada features of geographic location, topography, size Or Stepp. B. Rezoning. Property may be rezonal to m9 Panned Zoning District by the City GOW dl in accordance with the repukements of this chapter and Chapter 168 De',otorna 1. Each nazonil parcel aeu be described as a separate d=M- Win distinct boudmiBs and specific design aro daysidionmt stan- dard" tendads Each datricl shag be awWW 8 Prefect rxunba Or Label, Warp WWI the desipalon 'PZD'. The mmruV shah he"ce the adpPaon 01 a sWft Intl d8vBloPme11 Plan and development standards. C. R - PZD.Resdemlel Planed Zoning District a. Rspose and Ment. The R-PZD is Marded to ecoaaredate meed-um a dmtered MW Wgal darer. cornute and to exormntlate 6111918-um rmWentlel davaopmenta that ane datehhhad to W ndre appropriate M a PZD applicabon than a gena, madame resent. The Iegislatf s plspOme, him, end gViCatlOn a Mat t n districckide, but ere hot IM tetop owing:to. The towing: 1, To GncDwagO a variety and celaltty In land deebprtenl and leaf use for predominately residents! prem. C01101S as With m9 atya genas plan and tie ad" devabpmaa of the qty. 2. To Pro M8 a aarnswork within Wtich en efec8ve raatloref- p of dlffaam land uses and aeA dee W& In a angle deoop Tena. a when con deed with ebuding paces of tend can de panned an a tot, basis. 3. To provide a hammlag relattansNP with the san0unding day ;opment, ftninerlr19 auch.InlNerlcm as Land um Inconyxlbildee, heavy traffic and congestion, ad "OsI darends on panned slid existing public acihtlea _ 4. To provide a ogee a daraopng areas wall special OV81OW features to aseme mhual be" end other eINGRes. 5. To aca+agO the efficient um of Mdse public fadhles regUred n cam9aaon YAM new msuwww devedpmenL b. Pennited Late. Unit 1 Cay-'Kx9O Uses by sight LMt 2 City-Wide Uses by Conditional Use panYt LIM 3 RAec Rotaclm and Uttaty Feo les Unit 4 Qka, and Recre,ionel Fadtllm Unit 5 Govenument Fadhles Unit 8 Single-Faintly and Two-Fan fy Dwellings Unit 9 MUMfw* Dwellings - Medium Density the 10 MLItUaney Dwellings - High Dat.yhj Unit 12 Offices. Shales and Related Services Unit 13 Eating Races UNI 15 Neighborhood Shopping Unit 19 Commercial Racresson Unit 25 Professional Olffbe Unit 26 SnOe-Fernfly Dwelling LMt 29 S11191e-FaT y, Tw Fai* and Trym Fw* D . Moor am INnco trace shat l o m&UoT , um area be l8�omftnyro Paceni (51%)of tl @m? development. EAITTTE�Y LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin Community Planning & Engineering Services From: Clarice Buffalohead-Pearman\` City Clerk's Division Date: 3/10/2003 Re: Ordinance No. 4468 Attached is a copy of the ordinance passed by the City Council, March 4, 2003 approving ADM 03-1 .00 to amend Chapter 161 , Zoning Regulations of the UDO to allow Use Unit 13, Eating Places in § 161 .22, R- PZD, Residential Planned Zoning District. This ordinance will be microfilmed and filed in the Fayetteville City Clerk's office. If anything else is needed please let the city clerk's office know. cc: Nancy Smith, Internal Auditor John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering y `(�8 STAFF REVIEW FORM l X Agenda Request , `T 03 _ Contract Review Grant Review For the Fayetteville City Council meeting of March 6 , 2003 . FROM : Tim Conklin Planning Urban Development Name Division Department ACTION REQUESTED : To amend the Unified Development Ordinance to allow Use Unit 13 , Eating Places , as an allowable use in a Residential Planned Zoning District . 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 : Ac in anager Date ADA Coordinator Date 2 11/0 Qi,ty' Attorney Date Internal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION : Staff recommended approval and on February 10 , 2003 the Planning Commission voted 8 - 0 - 0 to recommend that the City Council approve the requested amendment . Cross Reference Div " " on e pOpalgel C AO Date New Item : Yes No A 'mi istrative Services Date Prev Ord/Res# : Dir or M y r Da Orig Contract Date : j City CouncOneeting of March 4, 200 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 : Sara Edwards, Associate Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: February 13, 2003 ADM 03-1 .00: Administrative Item (PZD Ordinance) To amend the Unified Development Ordinance to allow Use Unit 13, Eating Places as an allowable use in a Residential Planned Zoning District. BACKGROUND: Staff recently became aware of eating places being omitted as an allowable use in the Residential Planned Zoning District. This was oversight when the ordinance was drafted and adopted. Restaurants are compatible with a residential mixed use development and work well when within walking distance of residential dwelling units. Restaurants are considered an appropriate and essential use in traditional urban development. CURRENT STATUS: The proposed ordinance was heard at the February 10, 2003 Planning Commission meeting. The Planning Commission voted to recommend approval 8-0. RECOMMENDATION: Staff recommends approval of the proposed amendment which includes restaurants as a use by right in the Residential Planned Zoning District. K:IREPORM0031CC REPORTSUTARCH MEETINGSW DM 03-3.00 MEMO.DOC ORDINANCE NO. AN ORDINANCE APPROVING ADM 03- 1 .00 TO AMEND CHAPTER 161 ZONING REGULATIONS OF THE UNIFIED DEVELOPMENT ORDINANCE TO ALLOW USE UNIT 13, EATING PLACES IN § 161 .22 C, R-PZD RESIDENTIAL PLANNED ZONING DISTRICT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Chapter 161 ; Zoning Regulations, of the Unified Development Ordinance, shall be amended to include Use Unit 13, Eating Places in §161 .22C, R-PZD Residential Planned Zoning District See Exhibit "A" attached hereto and made a part hereof. PASSED AND APPROVED this day of 92003 . APPROVED: By Dandq or ATTEST: v By Sondra Smith, City Clerk EXHIBIT "A" To be inserted in Chapter 161 Zoning Regulations: §161 .22 District PZD Planned Zoning District. A. Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single-purpose or mixed-use planned development and to permit the combination of development and zoning review into a simultaneous process. The rezoning of property to the PZD may be deemed appropriate if the development proposed for the district can accomplish one or more of the following goals. 1 . ' Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. 2. Compatibility. Providing for compatibility with the surrounding land uses. 3 . Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. 4. Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. 5 . No negative impact. Does not have a negative effect upon the future development of the area; 6. Coordination. Permit coordination of the planning of the land surrounding the PZD and cooperation between the City and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. 7. Open Space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. 8. Natural Features. Maximum enhancement and minimal disruption of existing natural features and amenities. 9. General Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the General Plan. 10. Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape.