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.
