Loading...
HomeMy WebLinkAboutOrdinance 45670 ORDINANCE NO. 4567 AN ORDINANCE TO AMEND SECTION 172,05 STANDARDS FOR THE NUMBER OF SPACES BY USE OF THE CODE OF FAYETTEVILLE TO ELIMINATE THE REQUIREMENT TO PROVIDE ADDITIONAL PARKING SPACES FOR ACCESSORY OUTDOOR RESTAURANT AREAS IN C-3 AND C-4 DISTRICTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new subsection (4) of § 172.05 of the Fayetteville Code as shown below: "C-3 and C-4 Zoning Districts accessory outdoor use areas. Accessory outdoor patios, balconies, decks, and other similar outdoor use areas for restaurants and bars shall be exempt from meeting off-street parking requirements in the C-3 and C-4 zoning districts." The City Council hereby amends the introductory language in § 172.05 of the Fayetteville Code to show the four exceptions listed under A rather than "(1) and (2)" as currently stated. PASSED and APPROVED this the 4`" day of May, 2004. By: ;FAYETTEVILLE' ATTEST: By: SONDRA SMITH, City Clerk APPROVED: L_j 0 NAME OF FILE: Ordinance No. 4567 CROSS REFERENCE: Item # Date Document 1 04/16/04 Imemo to mayor & city council 2 draft ordinance 3 04/07/04 memo to Planning Commission 4 copy of § 172.05 5 copy of § 156.02 6 04/12/04 copy of Planning Commissin minutes 7 04/20/04 Staff Review Form 6 05/12/04 memo to Tim Conklin g 05/13/04 Affidavit of Publication NOTES: tonAP -b • City Council Meeting of May 4, 2004�6 A d I N b gen a tem um er CITY COUNCIL AGENDA MEMO iitond i7d a / To: Mayor and City Council From: Tim Conklin, Community Planning and Engineering Services Director C Date: April 16, 2004 Subject: Amendment to Title 15, Chapter 172.05 "Standards For The Number Of Spaces By Use" of the City of Fayetteville Unified Development Code, to exempt existing, expanded, and new accessory restaurant and bar outdoor patios, balconies, decks, and similar outdoor use areas from meeting off- street parking requirements within the C-3 and C-4 Zoning Districts. RECOMMENDATION Planning Staff recommends approval of the requested parking ordinance amendment. BACKGROUND Ordinance Amendment: The City of Fayetteville continues to receive requests to allow outdoor uses associated with restaurants and bars in the C-3 and C-4 zoning districts. The current parking ordinance requires additional parking for outdoor uses when established or expanded. Most of the requests that have been approved in the C-3 an C-4 districts identified shared off -site parking in order to meet this requirement as allowed under § 156.02 of the UDC. These shared parking agreements are required to be approved by the Planning Commission. The only other option to not provide parking is payment of an in -lieu fee of $1,200 per space. To date, the City has assessed one business $30,000 for an outdoor use area and is currently working with another business that would be required to pay in order not to build additional parking. Both of these businesses have been unable to secure shared parking due to changes in church policies and actual location of private parking lots. If this ordinance is amended, staff is recommending to the Council reimbursement of the funds already collected for the one outdoor use area. The Draft Downtown Master Plan encourages and recommends outdoor use areas through the use of"street oriented architecture" such as balconies and porches. It also recommends reducing the parking requirements within the cultural and entertainment district. On April 12, 2004, the Planning Commission voted 9-0-0 to forward this item to the City Council with a recommendation for approval. BUDGETIMPACT None. 0 • ORDINANCE NO. AN ORDINANCE TO AMEND SECTION 172,05 STANDARDS FOR THE NUMBER OF SPACES BY USE OF THE CODE OF FAYETTEVILLE TO ELIMINATE THE REQUIREMENT TO PROVIDE ADDITIONAL PARKING SPACES FOR ACCESSORY OUTDOOR RESTAURANT AREAS IN C-3 AND C-4 DISTRICTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new subsection (4) of § 172.05 of the Fayetteville Code as shown below: "(4) C-3 and C-4 Zoning Districts accessory outdoor use areas. Accessory outdoor patios, balconies, decks, and other similar outdoor use areas for restaurants and bars shall be exempt from meeting off-street parking requirements in the C-3 and C-4 zoning districts." The City Council hereby amends the introductory language in § 172.05 of the Fayetteville Code to show the four exceptions listed under A rather than "(1) and (2)" as currently stated. PASSED and APPROVED this the 4a' day of May, 2004. APPROVED: By: DQ -5 DAN COODDY, Mayor ATTEST: By: SONDRA SMITH, City Clerk u FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE PC Meeting of April 12, 2004 125 W. Mountain St Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Tim Conklin, Community Planning and Engineering Services Director DATE: April 07, 2004 ADM 04-11 Amendment to Title 15, Chapter 172.05 "Standards For The Number Of Spaces By Use" of the City of Fayetteville Unified Development Code, to exempt restaurants and bars existing, expanded, and new accessory outdoor patios, balconies, decks, and similar outdoor use areas from meeting off-street parking requirements within the C-3 and C4 Zoning Districts. RECOMMENDATION: Staff recommends approval of the requested parking ordinance amendment. NG t?UMM1Sb1UN AYC�TaIOO N. Required YES I1 App'ro�ed '_ ❑Denied P,111t12.2004' 'F v144 AUN,CIL ACN' ," Required Y TIOES 0 Appeoyed Ll Denled`: ayf04�2004 , > ' BACKGROUND: Ordinance Amendment: The City of Fayetteville continues to receive requests to allow outdoor uses associated with restaurants and bars in the C-3 and C-4 zoning districts. The current parking ordinance requires additional parking for outdoor uses when established or expanded. Most of the requests that have been approved in the C-3 an C-4 districts identified shared off -site parking in order to meet this requirement as allowed under Sec. 156.02 of the UDC. These shared parking agreements are required to be approved by the Planning Commission. The only other option to not provide parking is payment of an in -lieu fee of $1,200 per space. To date, The City has assessed one business $30,000 for an outdoor use area and is currently working with another business that would be required to pay in order not to build additional parking. Both of these businesses have been unable to secure shared parking due to changes in church policies and actual location of private parking lots. If this ordinance is amended, staff is recommending to the Council reimbursement of the funds already collected for the one outdoor use area. April 12, 2004 Planning Commission ADM 04-11.00 Ch. 172 Parking (Outdoor Patios/dining) Page 15.1 The Draft Downtown Master Plan encourages and recommends outdoor use areas through the use of "street oriented architecture" such as balconies and porches. It also recommends reducing the parking requirements within the cultural and entertainment district. PROPOSED ORDINANCE CHANGES: Stfikedwough Text proposed for deletion Italic Bold Text proposed for insertion 172.05 Standards For The Number Of Spaces By Use (A) Off-street parking. Except as provided in (A) (1),(2), (3) and (4) (' below, off- street parking spaces shall conform to the requirement in Table 3 below. Parking requirements shall be met at the time any. building or structure is erected, enlarged, or increased in capacity, changed in use, or any outdoor use is established or enlarged. In mixed use developments or in cases of shared parking agreements, parking requirements may be reduced at the property owner's request as outlined in § 172.05(D). Reduced parking within mixed use developments. (1) Change of use — shared parking. Except as outlined in (2) and (3) below, change of use in mixed use developments or developments that have entered an approved shared parking agreement requires a parking demand analysis using Table 4, Parking Occupancy Rates. The property owner shall notify the Planning Division when a change of use is proposed. A forecast deficiency greater than 15% must be met by the construction of additional parking. spaces, payment of in lieu fees, support of shuttle service, other trip reduction programs satisfactory to the city, or a combination thereof. (2) Change of use — waiver. In C-3 and C-4 zoning districts, parking requirements are waived for any existing structure with a change of use. New construction, razed buildings or enlarged buildings shall conform to the parking requirements of the City of Fayetteville. For enlarged buildings, additional parking spaces will be calculated by the amount of square footage that is added. (3) Building footprint — waiver. In C-3 and C4 zoning districts, parking requirements are waived for the square footage "footprint" of any building which existed and has been removed since October 1, 1995,.in order to rebuild. (4) C-3 and C-4 Zoning Districts accessory outdoor use areas. Accessory outdoor patios, balconies, decks, and other similar outdoor use areas for restaurants and bars shall be exempt from meeting off-street parking requirements in the C-3 and C-4 zoning districts. (B) Maximum/minimum number allowed. Parking lots may contain up to 30% more spaces than the required spaces and 30% less spaces than the required spaces. Any additional spaces above 30% or below 30% shall be allowed only as a conditional use and shall be granted in accordance April 12, 2004 Planning Commission ADM 04-11.00 Ch. 172 Parking (Outdoor Patios/dining) Page 15.2 with Chapter 163, governing applications of conditional uses; procedures, and upon the finding that additional spaces are needed. April 12, 2004 Planning Commission ADM 04-11.00 Ch. 172 Parking (Outdoor Patios/dining) Page 15.3 Sx�'"`"� pta , • Fayetteville Code of Ordinances (b) Intemal circulation drives (i) Aisles shall be designed so that lent they intersect at 90 degrees with Length internal drives where practicable. (ii) Aisles shall be designed to discourage cut -through traffic by use of landscape islands. (2) Entrances and internal aisle design. The driveway width into parking lots shall meet the following guidelines: (a) Entrances. (i) One-way. If the driveway is a one- way in or one-way out drive, :then the aisle widths shall be 12 feet wide up to a maximum of 15 feet wide. (ii) Two-way. For two-way access, each entrance lane shall be a minimum of 12 feet wide and a maximum of 15 feet wide. Whenever more than two lanes are proposed, entrance and exit lanes shall be divided by a curbed, raised, landscaped median. The median shall be 10 feet wide if three lanes are being proposed or 15 feet wide if four lanes are proposed. (iii) Major thoroughfares. Driveways that enter the major thoroughfare at traffic signals must have at least two outbound lanes (one for each turning direction) and one inbound lane. (iv) Curb radius. All commercial driveways should have a minimum curb radius of 25 feet. (iii) Aisles shall conform to §174.04(C) with the exception of aisles that connect to commercial driveways. Aisles connecting to commercial driveways may be permitted to be 27 feet in width when the driveway is in conformance with §171.13(B)(6). 172.05 Standards For The Number Of Spaces By Use (A) ON -street parking. Except as provided in (1) and (2) below, off-street parking spaces shall conform to the requirement in Table 3 below. Parking requirements shall be met at the time any building or structure is erected, enlarged, or increased in capacity, changed in use, or any outdoor use is established or enlarged. In mixed use developments or in cases of shared parking agreements, parking requirements may be reduced at the property owners request as outlined in §172.05(D). Reduced parking within mixed use developments. (1) Change of use — shared parking- Except as outlined in (2) and (3) below, change of use in mixed use developments or developments that have entered an approved shared parking agreement requires a parking demand analysis using Table 4, Parking Occupancy Rates. The property owner shall notify the Planning Division when a change of use is proposed. A forecast deficiency greater than 15% must be met by the construction of additional parking spaces, payment of in lieu fees, support of shuttle service, other trip reduction programs satisfactory to the city, or a combination hereof. (2) Change of use — waiver: In C-3 and C-4 zoning districts, parking requirements are waived for any existing structure with a change of use. New construction, razed buildings or enlarged buildings shall conform to the parking requirements of the City of Fayetteville. For enlarged buildings, additional parking spaces will be calculated by the amount of square footage that is added. April 12, 2004 CD172:6 Planning Commission ADM 04-11.00 Ch. 172 Parking (Outdoor Patios/dining) Page 15.4 TITLE XV. UNIFIED DEVELOPMENT CODE (3) Building footprint — waiver. In C-3 and C-4 zoning districts, parking requirements are waived for the square footage 'Yootprint" of any building which existed and has been removed since October 1, 1995, in order to rebuild. (B) Maximuniftnimum number allowed. Parking lots may contain up to 30% more spaces than the required spaces and 30% less spaces than the required spaces. Any additional spaces above 30% or below 30% shall be allowed only as a conditional use and shall be granted in accordance with Chapter 163, governing applications of conditional uses; procedures, and upon the finding that additional spaces are needed. TABLE 3 PARKING RATIOS (Use/Required Spaces) Rneldanfiol Single_farnitv, duplex, triplex 1 2 per dwellinq unit Mufll-family or townhouse I 1 per bedroom Commercial Amusement 1 per 200 sq. ft. of GFA Auditorium 1 per4 seats Autolmotorcycle service 4 per each stations enclosed service bay Bank 1 per 200 sq. ft. of GFA Barber or beauty shop 2 per chair Coin -operated laundry 1 per 3 machines Hospital and convalescent home 1 per bed Hotels and motels 1 per guest room, plus 75% of spaces required for accessory uses. ' Regional antique and 1 per 500 sq. ft. of GFA furniture 1 per 100 sq. ft. GFA plus 4 Restaurants stadeng spaces per drive- thru window. Retail 1 per 250 sq. ft. of GFA 1 per 200 sq. ft. of retail FA; Retail fuel sales with spaces at pump islands are convenience stores counted toward this requirement 3 per each employee; Retail fuel sales only spaces at pump islands counted toward this are] requirement Once Medical/Demal office 1 r 25o . ft. Of GFA Professional office 1 r 300 . ft. of GFA Sales office 1 p2r 200 s . ft. of GFA Public and Institutional Uses Nonprofit Commercial Art gallery, library, museum 1 per 1,000 sq. ft. of GFA 1 per 4 seats, provided only Auditorium auditorium space is counted in determining parking 1 per employee plus on -site Child care center, nursery loading and unloading school spaces at a rate of i per 10 children accommodated 1 per 4 seats in the main ChurdJreligious institution auditorium or 1 per 40 sq. ft. of assembly area, whichever provides more spews College auditorium 1 per 4 seats College dormitory 1 per sleeping room College or university 1 per 500 sq. ft. of classroom area Community center 1 per 250 sq. ft. of GFA Detention home 1 r '1,500sq. ft. of GFA Govemment facilities 1 per 500 square feet bf floor area Funeral homes 1 per 4 seats in main chapel plus 1 per 2 employees plus 1 reserved for each vehicle used in connection with the business Hospital 1 perbed Convalescent home 1 per bed School —elementary and 1 per employee plus 1 space junior high per classroom School —senior high 1 per employee plus 1 per 3 students based on design capacity, or 1 per 6 seats in auditorium or other places of assembly, whichever is greater Zoo 1 per 2,000 sq. ft. of land area All other public and institutional uses (only 1 per 4 occupants auditorium space shall be counted for churches, auditoriums, or group oa an s ace Mam ftvdurim/lnduefrial 1 per 1,200 sq. ft. of GFA or Manufacturing one per employee, whichever is reater Heavyindustrial 1 r 1200 s . ft of GFA Extractive uses Adequate for all employees, trucks, and ui ment CD172:7 April 12, 2004 Planning Commission ADM 04-11.00 Ch. 172 Parking (Outdoor Patios/dining) Page 15.5 TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 156: VARIANCES 156.01 General Requirements All applications for variances shall be submitted in writing to the person responsible for administration of the referenced section. (Ord. No. 4100, §2 (Ex. A), 6-16-98) Cross reference(s)-Administration, Ch. 152. 156.02 Zoning Regulations Certain variances of the zoning regulations may be applied for as follows: (A) General regulations. A variance shall not be granted unless and until an application demonstrates: (1) Special conditions. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or building in the same district. (2) Deprivation of tights. That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the zoning regulations. (3) Resulting actions. That the special conditions and circumstances do not result from the actions of the applicant- (4) No special privileges. That granting the variance requested will not confer on the applicant any special privilege that is denied by Zoning, Chapters 160 through 165, to other lands, structures, or building in the same district. (5) Nonconforming uses. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. (B) Consideration by the Planning Commission. Applications for variances of zoning and development shall be considered by the Planning Commission. contrary to the public interest, where, owing to special conditions, a literal enforcement of the Design Overlay District regulations would result in unnecessary hardship. (b) Variance requested. A variance from the terms of the Design Overlay District regulations shall not be granted by the Planning Commission unless and until the applicant provides from what section a variance is requested. This shall be submitted along with the large scale development plan. (c) Findings. The Planning Commission shall make the following findings: (i) Requirements met. That the requirements of §156.02.(A) have been met by the applicant for a variance. (ii) Minimum variance. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. (iii) Harmony with general purpose. That the granting of the variance will be in harmony with the general purpose and intent of the Design Overlay District, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (d) Conditions and safeguards. In granting any variance, the Planning Commission may prescribe appropriate conditions and safeguards in conformity with this section. (2) - Access to structure. The Planning Commission shall have the authority to waive the requirement that every building hereafter erected or moved shall be located on a lot which has frontage on a public street when the property owner provides safe and convenient access for fire protection and sanitation vehicles. (1) Design Overlay District. (3) Parking variances. (a) Special conditions. The purpose of this section is to authorize in specific cases (a) Number of spaces. The Planning such variances from the regulations of Commission shall have the authority to the Design Overlay District as will not be vary the number of off-street parking April 1 CD156:3 Planning Commission ADM 04-11.00 Ch. 172 Parking (Outdoor Patios/dining) Page 15.6 Ll Fayetteville Code of Ordinances spaces required in C-3 and C-4 (C) Consideration by the Board of Adjustment. Districts. (1) Bulk and area. Applications for variances of (b) Findings. The Planning Commission bulk and area requirements shall be shall make findings indicating: considered by and may be approved by the Board of Adjustment. (i) Parking generated. That the proposed use will not generate as (2) Public hearing. A public hearing shall be much parking as required under the held. existing standard. (3) Findings. The Board of Adjustment shall (ii) Shared parking. That shared make the following findings: parking facilities are available; or (a) Minimum variance. That the reasons (iii) On -street parking. That on -street set forth in the application justify the parking can satisfy intermittent and granting of the variance, and that the occasional demands. variance is the minimum variance that will make possible the reasonable use of (c) Conditions. All waivers shall meet the the land, building, or structure. conditions listed below: (b) Harmony with general purpose. The (i) C-3 and C-4 Districts. Conditions Board of Adjustment shall further make for waivers in C-3 and Cat Districts: a finding that the granting of the variance will be in harmony with the lieu fee. An in lieu fee of general purpose and intent of zoning, $1 $1,200.00 for each on -site Chapters 160 through 165, and will not parking space shall be paid to be injurious to the neighborhood, or the city. This money shall be otherwise detrimental to the public held in an interest bearing welfare. account and shall be expended for public parking facilities (c) Conditions and safeguards. In granting within the district it is collected any variance, the Board of Adjustment within 10 years from the date it may prescribe appropriate conditions is collected. If said money has and safeguards in conformity with the not been so expended within zoning regulations. 10 years of the date collected, said money, together with the (d) No variance allowed. Under no interest thereon, shall be circumstances shall the Board of refunded to the person or entity Adjustment grant a variance to allow who made the contribution; or use not permissible under zoning in the district involved, or any use expressly, I b. Shared parking. For any or implication prohibited by the terms of parking space which is the zoning regulations in said district. proposed to be shared under the provision of §172.05(C). (4) Action. The Board of Adjustment may take The applicant must present a the following actions: signed agreement with the - owner of the property. The (a) Reverse or affirm, wholly or partly; or agreement shall address the number of spaces required for (b) May modify the order, requirement, both properties, the number of decision, or determination appealed spaces available together with from and may make such order, a site plan, and any other requirement, decision, or determination pertinent information, such as as ought to be made, and to that end restrictions on sharing for shall have the powers of the Zoning and certain days or hours. Development Administrator from who the appeal is taken. (4) Bicycle rack variance. The Planning Commission may modify or waive the - (5) Vote. The concurring vote of a majority of requirement for or the design standards for a the members present shall be necessary to bicycle rack. reverse any order, requirement, decision or determination of the Zoning and April 12, 2004 CD156:4 Planning Commission ADM 04-11.00 Ch. 172 Parking (Outdoor Patios/dining) Page 15.7 Planning Commission • • April 12, 2004 ADM 04-11.00: UDC Ch. 172: Parking and Loading (Outdoor patios/dining) Ostner: The next item on our agenda is ADM 04-11.00, an amendment to Title XV, Chapter 172.05, standards to the number of spaces by use of the City of Fayetteville Unified Development Code to exempt restaurants and bars, existing, expanded and new accessory outdoor patios, balconies, decks, and similar outdoor use areas from meeting off-street parking requirements within the C-3 and C-4 zoning districts. Can we have a staff report Mr. Conklin? Conklin: Mr. Chair and members of the Commission, my name is Tim Conklin. I would like to welcome the three new Commissioners. We haven't seen such a change on the Commission for a long, long time and thank you for volunteering for the next three years. This evening staff is bringing forward an ordinance amendment to our parking lot ordinance in our Unified Development Code Chapter 172.05. Mr. Ostner did go over the actual amendment. The reason that we are bringing this forward is that we have had requests with regard to allowing outdoor uses. In the past there have been pre-existing accessory uses for existing restaurants and bars in our C-3 and C-4 zoning districts. This afternoon we did do a little analysis of how many existing outdoor uses we have. We have approximately 24 that we were able to identify. Many of those, once again, have existed for a long time. Some of them have been more recent. We have seen quite a bit of redevelopment occur within our downtown area with the conversion of old warehouse type buildings, restaurants being established. It is not just along Dickson Street but within our square, downtown area having outdoor uses. In the past if a property owner wanted to expand an outdoor use area they had to either provide additional off-street parking on the site or they would have to go get a shared parking agreement. In the event that they could not provide the parking or get the shared agreement, there was a $1,200 in lieu fee that would have to be paid. To date, we have only had one outdoor use that was assessed the.$1,200 per space fee. The City of Fayetteville did collect $30,000. If this ordinance is amended staff would recommend to the City Council that that $30,000 be reimbursed to the developer. We recently went through a series of meetings in January as part of our Downtown Master Plan. That Downtown Master Plan draft did talk about street oriented architecture and encouraging the use of balconies and decks and other outdoor type use areas associated with downtown development. It also talked about minimizing or reducing the parking requirements within our downtown area to make it a walkable and lively community. That was within our cultural and entertainment district. I have attached the proposed draft language in 172.05. Also attached are the existing ordinances in our Unified Development Code. Once again, this has been brought to our attention due to our Downtown Master Plan, but also, we do have a current business owner who has expressed concern for the inability of expanding an outdoor use area without being able to provide the parking onsite or offsite through a shared parking agreement. Planning Commission • • April 12, 2004 Some of the churches, at least one of the churches, has stopped approving shared agreements if alcohol is being served as part of the business. So that has somewhat shut the door on some of those shared parking agreements and has made it more difficult to expand those outdoor use areas. That concludes my staff report. If you have any questions I would be more than happy to answer them. Ostner: Thank you Mr. Conklin. At this point I will open it up to the public. Is there anyone who would like to make a comment on this issue? Seeing no one from the public here, I will close it to the public and bring it back to the Commission for comments or motions. Anthes: Does this include roofed terraces too? Conklin: It includes all accessory outdoor use areas. Anthes: I'm a little confused. Obviously, if there is a little balcony that projects, kind of like the Brew Pub and that livens up the street and that is nice. That doesn't really add an appreciable amount of seating and most people move out there instead of sitting inside so it is sort of a substitution of the amount that is in the restaurant to some extent. If this was a roofed terrace that actually duplicated the entire floor level of seating on a second level, that might have a little bit more impact. I just wondered if you thought about that and what your comments were. Conklin: With regard to putting a patio on top of a roof of a structure that could potentially double the capacity. We also looked at trying to compare that to many of the restaurants and bars that I wasn't even aware of until recently, converting the outdoor space behind their businesses. I think it is similar if it is on the same level of the structure, out front or on top. You are somewhat limited due to weather that we have in Northwest Arkansas. We get rain pretty much year around. The weather changes fairly quick and it is not a permanent type use that you always can rely on that you are going to be able to have customers rely on that space on a day to day basis. That is why we did include it in there. Once again, we are removing these restrictions to encourage more outdoor use in dining. I think there are situations when it becomes a balcony or a rooftop deck due to the building, I think it would be difficult to make that judgment call. Why we would allow one person to cantilever a balcony over a second floor and say that's ok and not allow someone to convert a roof to a roof deck up on top. Anthes: I guess I am asking this because as I understand it, this is for all C-3 and C-4 zoning throughout the City of Fayetteville. The map you brought indicates where these uses are downtown and I agree with that 100%. Getting rid of the parking requirements for those kinds of additions in the Planning Commission • • April 12, 2004 downtown area makes a lot of sense. Where I'm struggling with it is when we go out to wider locations, let's take CMN for instance, one of those kinds of more open areas that could put a really large amount of seating outside. I guess I'm thinking about, maybe it's an issue of our weather, but I'm thinking of some very large venues in Austin, Texas that have a roof structure but they are outside and they have those patio heaters and the entire establishment is an outdoor establishment that could seat 500 or 600 people. I wondered if that would be exempt from any parking requirements under this. Conklin: The way this is drafted right now, you are talking about outdoor seating area and they put the portable heaters up, yes, that would be exempt. This ordinance only applies to the C-3 and C-4 zoning districts so it is only central. Warrick: The C-3 and C-4 is basically restricted to the Dickson Street area and the square. Anthes: I don't have a zoning map in front of me and that's why I'm asking this. Warrick: Except in two or three really small locations, it really doesn't expand beyond maybe Lafayette Street down to a few little places south of the downtown square area zoned C-3 but it is not really expansive. Conklin: Dickson, along East Street, Spring, Center, Mountain, Rock, Archibald Yell, it is fairly defined area of downtown. Ostner: It would seem to me the situation here is that out in suburbs when people are developing they consistently, every single time, ask us for more parking than we allow and we always give them what they need because they are not hemmed in by buildings on their sides. I think this situation is only going to come up in our urban developed areas where they have a problem and our current regulations are asking for more parking and they can't deliver it whereas, out in the suburbs I think they would naturally want to build whatever they needed to keep their business going. Anthes: I had to ask because I think there are some kinds of structures and uses that we have not seen in Fayetteville before but that could conceivably come and I just wanted to make sure that we knew that those opportunities might exist and what we were getting into. Ostner: Some of the establishments at the Southern View mixed use could, in fact, even though it is a PZD, could want outdoor seating easily. Conklin: I was just going to add to Commissioner Anthes' comments with regard to the scale of use, we did include the words accessory use in this ordinance, Planning Commission • • April 12, 2004 meaning that the outdoor use is not the principal use of the structure or the area that you didn't have someone just take a vacant lot and start serving but that it was an accessory to a permanent use. I was just trying to make sure that this is an accessory to the principal use on the site. MOTION: Allen: With that clarification, I would like to move for approval of ADM 04- 11.00. Anthes: I will second. Ostner: There is a motion by Commissioner Allen and a second by Commissioner Anthes, do we have any further discussion? Anthes: We are forwarding that to the City Council. Ostner: Ok. Renee? Roll Call: Upon the completion of roll call the motion to forward ADM 04-11.00 to the City Council with a recommendation for approval was approved by a vote of 8-0-0. Thomas: The motion carries eight to zero. Ostner: Thank you. The other notes are I'm going to appoint the Subdivision Committee, Mr. Shackelford, Ms. Anthes and Mr. Vaught. Conklin: I would like to thank the Commission for forwarding that on. This is just a small piece to the overall Downtown Master Plan. We do have new draft zoning districts and zoning standards for a cultural and overlay zone. Dover, Kohl and Partners will be refining those drafts. Draft II will be available in the next few weeks. Thank you. STAFF IWIEW FORM - NON -FINANCIAL 09GATION AGENDA REQUEST For the Fayetteville City Council Meeting of: May 4, 2004 FROM: Dawn Warrick Name Planning Division ACTION REQUIRED: Ordinance approval. SUMMARY EXPLANATION: CP&E Department ADM 04-11.00 Amendment to Title 15, Chapter 172.05 "Standards For The Number Of Spaces By Use" of The City of Fayetteville Unified Development Code, to exempt existing, expanded and new accessory restaurant and bar outdoor patios, balconies, decks and similar outdoor use areas from meeting off street parking requirements within the C-3 and C-4 Zoning Districts. STAFF RECOMMENDATION: Approval. A Imt— j- A w ,/ ��� / Received in Mayor's Office �� O Di ision H ad � Datyo / City ttomey I Date Cross Reference: Department Director Date 2 0- I�inance & Internal Services Dir. Date 4 zywl�04 Chief ministrative Officer Date Mayor Date Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: New Item: Yes FAYETTEVILE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin Community Planning & Engineering From: Clarice Buffalohead-Pearman City Clerk Division Date: May 12, 2004 @Hyde Re: Ordinance No, 4567 Attached is an executed copy of the above ordinance passed by the City Council, May 4, 2004, approving ADM 04-11.00 amending § 172.05., regarding the number of spaces required to provide additional parking spaces for accessory outdoor restaurant areas. This ordinance will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. Attachment(s) cc: Nancy Smith, Internal Auditor i � ,..'1h �, ,1, . �- c� „, ► ► i RECEIVED MAY 14 2004 CITY OF r„'rETTEVILLE CITY CLERK'S OFFICE AFFIDAVIT OF PUBLICATION I, , do solemnly swear that I am Leg I Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: Idu 1Z� 1 g was inserted in the regular editions on PO# Cxl-'�TL ** Publication Charge: $ Subscribed and sworn to before me this L'� day of ACLX , 2004. 9 Notary Public My Commission Expires: J " Please do not pay from Affidavit. An invoice will be sent. Official Seal E AN-MICHAELARGO tary Public -Arkansas SHINGTON COUNTY mission Expires 07.25-2013 ORDINANCE NO. 41N17 AN ORDINANCE TO MEND SECTION 172.05 STANDARDS FOR THE NUMBER OF SPACES BY USE OF THE CODE OF FAYEFTEMUE TO EUMINATE THE REOUIREMENT TO PROVIDE ADDRIONAL PAAIONG SPACES FOR ACCESSORY OUTDOOR RESTAURANT AREAS IN C-3 AND C-4 DISTRICTS of F"Oft'11111111111 OE ff ORDAINED EY YNE CrrY COIMCIL OF YNE CRY OF FAYWWW1LLE, ARKANSY: Section 1: That the City Councl M the City of Fayenav , Arkansas hereby erects a new subsection (4) of §172.05 of the FayettWile Cade as shown below: 'C-3 and C-4 Zoning Districts accessory outdoor use areas. Accessory outdoor patios, baronies, decks, and other anther outd use areas for restaurants and bars shall be exempt from meeting ofl- sheat parting requirements in the C-3 and C-4 zoning dlshicts.' The City Council hereby amends the irrtroductory language in §172.05 of the Fayetteville Code to show the tour exceptons listed under A rather than'(t) and (2)' as CUff3h y stated. pASMD wW APPROVED this Uw 4th day of May. 20 M. 212 NORTH EAST AVENUE 0 P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700