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