HomeMy WebLinkAboutOrdinance 4726 ORDINANCE NO. 4726
AN ORDINANCE AMENDING CHAPTER 161, "ZONING
REGULATIONS", SECTION 161.15 B.1. & SECTION 161.15 13.2.,
OF THE CODE OF FAYETTEVILLE, TO REMOVE
MANUFACTURED HOME PARK AS A PERMITTED USE, BUT TO
ALLOW IT AS A CONDITIONAL USE WITHIN THE R-O,
RESIDENTIAL OFFICE ZONING DISTRICT
BE IT ORDAINED BY THE . CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That Chapter 161 : Zoning Regulations, § 161.15, B.I . and § 161. 15
B.2., of the Code of Fayetteville, are hereby repealed and Exhibit "A" is inserted in its
stead.
See Exhibit "A" attached hereto and made a part hereof.
PASSED and APPROVED this 19th day of July, 2005 .
H,uun"rrq
APP"DY,
�( Y O
; FAYETTEVILLE ;
c By:
_�'• q 5 •�;
ATTEST ''y;/v
By: _
S'ONDRA SMITH, City Clerk
EXHIBIT "A"
161.15 District R-O, Residential Office
(A)Purpose. The Residential-Office District is designed primarily to provide area
for offices without limitation to the nature or size of the office, together with
community facilities, restaurants and compatible residential uses.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unft9 Two-farmly dwellings
Unit 12 Offices, studios and related services
Unit 25 Professional offices
(2) Conditional uses.
Unit 2 City- ide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
iJnitFll' ManufactdedFkionie°, '�aik
Unit 13 Eatin laces
Unit 24 Home occupations
Unit 26 Multi-family dwellings
Unit 36 Wireless communications facilities
(C) Bulk and area regulations.
(Per dwelling unit for residential structures)
(1) Lot Widthminimum.
Manufactured home Park 100 ft.
Lot within a manufactured home 50 ft.
ark
Single-family 60 ft.
Two-family 60 ft.
Three or more 90 ft.
(2) Lot area minimum.
Manufactured home park 3 acres
Lot within a manufactured home 4,200 sq. ft.
Park
Townhouses:
Development 10,000 sq. ft.
Individual lot 2,500 sq. ft.
Single-family 6,000 sq. ft.Two-family 6,500 sq. ft.
Three or more 8,000 sq, ft.
FraterN or Sorori1 1 acre
(3) Land area per dwelling unit.
Manufactured home 3,000 sq. ft.
Townhouses & apartments:
No bedroom 1,000 sq. ft.
One bedroom 1,000 sq. ft.
Two or more 1,200 sq. ft.
bedrooms
Fraternity or Sorority 500 sq. ft. per resident
(D) Density.
Units per acre 4 to 24
(E) Setback regulations.
Front 30 ft.
Front, if parking is allowed between the 50 ft.
right-of-way and the buildin
Side 10 ft.
Side, when contiguous to a residential 15 ft.
district
Rear, without easement or alley 25 ft.
Rear, from center line of public alley10 ft.
(F) Height regulations. There shall be no maximum height limits in R-O Districts,
provided, however, that any building which exceeds the height of 20 feet
shall be set back with any boundary line of any RSF or RMF District an
additional distance of one foot for each foot of height in excess of 20 feet.
(G) Building area. On any lot, the area occupied by all buildings shall not exceed
60% of the total area of such lot.
(Code No. 1965, App. A., Art. 5(x); Ord. No. 2414, 2-7-78; Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-
29-70, Code 1991, §160.041; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99)
City Council Meeting of July 19, 2005 7
Agenda Item Numbery/in(�
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations 7
From: Jeremy C. Pate, Director of Current Planning
Date: June 30, 2005
Subject: AMENDMENT TO CHAPTER 161 . 15 (B.1 .) & 161 . 15 (13.2.)
RECOMMENDATION
Planning Staff recommends approval to amend Section 161 . 15 (B. 1 .) & 161 . 15 (13.2.),
District R-O, Residential Office to remove Manufactured Home Park as a permitted use,
but to allow it as a conditional use.
BACKGROUND
Manufactured Home Park was not permitted in the Unified Development Code prior to
the most previous codified version, and staff can find no reason why it would be
appropriate as a use by right in the Residential Office zoning district, based on a
comparison with other residential and commercial zoning districts. It is therefore
recommended to be reclassified as a conditional use in this zoning district, which is
compatible with other zoning districts.
DISCUSSION
This item was heard at the regular Planning Commission on June 27, 2005 . The Planning
Commission voted 8-0-0 to forward this item to the City Council with a recommendation
of approval .
BUDGETIMPACT
None.
0
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 161 , "ZONING
REGULATIONS", SECTION 161 . 15 B. I . & SECTION 161 . 15 13.2 ., OF
THE CODE OF FAYETTEVILLE, TO REMOVE MANUFACTURED
HOME PARK AS A PERMITTED USE, BUT TO ALLOW IT AS A
CONDITIONAL USE WITHIN THE R-O, RESIDENTIAL OFFICE
ZONING DISTRICT.
Section 1 . That Chapter 161 : Zoning Regulations, Section 161 . 15, B. I . and
161 . 15 B.2., of the Code of Fayetteville, is- hereby,,amerlded=lay- insel4ing Exhibit "A" ;r (�gseeelw
See Exhibit "A" attached hereto and made a part hereof.
PASSED and APPROVED this day of 2005 . 7 � t ( dS
„APPROVED:
By :
DAN GO'Oy DY, Mayor
ATTEST: fah
By: i
SONDRA SMITH, City Clerk -
k�t�t �1T u �,. V • (
City Council Meeting of July 19, 2005
Agenda Item Number
161 .15 District R-O, Residential Office
(A) Purpose. The Residential-Office District is designed primarily to provide area for
offices without limitation to the nature or size of the office, together with community
facilities, restaurants and compatible residential uses.
(B) Uses.
( 1 ) Permitted uses.
Unit 1 City-wide uses by right
Unit 5 Government facilities
Unit 8 Sin le-family dwellings
Unit 9 Two-family dwellings
Unit 12 Offices, studios and related services
Unit 25 Professional offices
(2) Conditional uses.
Unit 2 City- de uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 11 Manufactured home park
Unit 13 Eating laces
Unit 24 Home occupations
Unit 26 Multi-family dwellings
Unit 36 Wireless communications facilities
(C) Bulk and area regulations.
(Per dwelling unit for residential structures)
( 1 ) Lot width minimum.
Manufactured home park 100 ft.
Lot within a manufactured home 50 ft.
ark
-Single-family 60 ft.
-Two-family 60 ft.
Three or more 90 ft.
(2) Lot area minimum.
Manufactured home park 3 acres
Lot within a manufactured home 4,200 sq. ft.
ark
Townhouses:
Development 10,000 sq. ft.
Individual lot 2,500 sq- ft.
-Single-family 6,000 sq. ft.
-Two-family 6,500 sq. ft.
Three or more8,000 sq. ft.
Maternityor Sorority1 acre
(3) Land area per dwelling unit.
Manufactured home 1 3,000 sq. ft.
City Council Meeting of July 19, 2005
Agenda Item Number
Townhouses & apartments:
No bedroom 1 ,000 sq. ft.
One bedroom 1 ,000 sq. ft.
Two or more 1 ,200 sq. ft.
bedrooms
Fraternity or Sorority 500 sq, ft. per resident
(D) Density. '
Units per acre 4 to 24
(E) Setback regulations.
Front 30 ft.
Front, if parking is allowed between the right- 50 ft.
of-way and the building
Side 10 ft.
Side, when contiguous to a residential district 15 ft.
Rear, without easement or alley 25 ft.
Rear, from center line of public aIle 10 ft.
(F) Height regulations. There shall be no maximum height limits in R-O Districts,
provided, however, that any building which exceeds the height of 20 feet shall be set
back with any boundary line of any RSF or RMF District an additional distance of
one foot for each foot of height in excess of 20 feet.
(G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of
the total area of such lot.
(Code No. 1965, App. A., An. 5(x); Ord. No. 2414, 2-7-78; Ord. No. 2603, 2-19-80; Ord. No. 2621, 41-1 -80; Ord. No. 1747, 6-29-70;
Code 1991 , § 160.041 ; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31 -99)
City Council Meeting of July 19, 2005
Agenda Item Number
161 .15 District R-O, Residential Office
(A) Purpose. The Residential-Office District is designed primarily to provide area for
offices without limitation to the nature or size of the office, together with community
facilities, restaurants and compatible residential uses.
(B) Uses. (E} ASt1Ntt OV�bWnni(��
( 1 ) Permitted uses.
Unit 1 City- de uses by right
Unit Government facilities
Unit 8 Sin le-family dwellings
Unit 9 Two-family dwellings
uniE-1-1 ManufaGtUFed home park
Unit 12 Offices, studios and related services
Unit 25 Professional offices
(2) Conditional uses.
Unit 2 City- de uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 13 Eating laces
Unit 24 Home occupations
Unit 26 Multi-family dwellings
Unit 36 Wireless communications facilities
(C) Bulk and area regulations.
(Per dwelling unit for residential structures)
(3) Lot width minimum.
Manufactured home park 100 ft.
Lot within a manufactured home 50 ft.
ark
Single-family 60 ft.
- Two-family 60 ft.
Three or more 90 ft.
(4) Lot area minimum.
Manufactured home park 3 acres
Lot within a manufactured home 4,200 sq. ft.
ark
Townhouses:
Development 10,000 sq. ft.
Individual lot 2,500 sq. ft.
Single-family 6,000 sq. ft.
- Two-family 6,500 sq. ft.
Three or more 8,000 s . ft.
Maternity or Sorority1 acre
(3) Land area per &n'elting unit.
Manufactured home 3,000 sq. ft.
City Council Meeting of July 19, 2005
Agenda Item Number
Townhouses & apartments:
No bedroom 1 ,000 sq. ft.
One bedroom 1 ,000 sq. ft.
Two or more 1 ,200 sq. ft.
bedrooms
Fraternity or Sorority 500 sq. ft. per resident
(D) Density.
Units per acre 4 to 24
(E) Setback regulations.
Front 30 ft.
Front, if parking is allowed between the right- 50 ft.
of-way and the building
Side 10 ft.
Side, when contiguous to a residential district 15 ft.
Rear, without easement or alley 25 ft.
Rear, from center line of Eublic aIle 10 ft.
(F) Height regulations. There shall be no maximum height limits in R-O Districts,
provided, however, that any building which exceeds the height of 20 feet shall be set
back with any boundary line of any RSF or RMF District an additional distance of
one foot for each foot of height in excess of 20 feet.
(G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of
the total area of such lot.
(Code No. 1965, App. A> Ail. 5(x); Ord. No. 2414, 2-7-78; Ord. No. 2603, 2-19-80; Ord. No. 2621 , 4-1 -80; Ord. No. 1747, 6-29-70;
Code 1991 , § 160.041; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99)
(K) Unit 11. Manufactured home park.
(1 ) Description. Unit 11 consists of a separate use of manufactured home parks in order that they may
be located in appropriate residential areas.
(2) Included uses.
Manufactured home park '
TaAA
yet
� � PC Meeting of June 27, 2005
APNANSAS
THE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Director of Current Planning
DATE: June 22, 2005
ADM 05-1605 (Administrative Item — Use Units) The request is to modify certain chapters of
the Unified Development Code through evaluation of several specific uses in order to best locate
them in the proper zoning districts. The following amendments are recommended by Planning
Staff:
Amendment to Chapter 162 "Use Units" of the Unified Development Code, Section 162.01
"Establishment and Listing" to include Bail Bonding Agency as a permitted and detailed
use under Use Unit 12 : Offices, studios and related services.
Amendment to Chapter 161 "Zoning Regulations" of the Unified Development Code,
Section 161 .15, District R-O, Residential Office to remove Manufactured Home Park as a
permitted use, but to include it as a conditional use within the R-O, Residential Office
zoning district.
Amendment to Chapter 161 "Zoning Regulations" of the Unified Development Code,
Section 161 .17 District C-2, Thoroughfare Commercial and Section 161 .18 District C-3,
Central Commercial to include Use Unit 25 as a permitted use.
PLANNING COMMISSION :ACTION: Required' YES
❑ Approved .; : " .❑" Denied
Date: June 27, 2005
CITY COUNCIL ACTION: Required t .YES : "
0 Approved- ,: ,: 0 Denied z'
Date: July 19, 2005
RECOMMENDATION:
Amendment 1
Planning Staff recommends approval to amend Section 162 .01 (L.2.) Use Unit 12 Offices,
Studios, and Related Services, to allow the addition of Bail Bonding Agency as an included use.
This use has never officially been listed as a detailed use in any zoning district. However,
previous interpretations by the Zoning & Development Administrator placed this specific use
under Use Unit 16, Shopping goods. In study of a description of the actual use, hours, traffic
impact and other impacts on surrounding properties that this use has, staff finds that the use more
appropriately fits into Use Unit 12, Offices, studios and related services. This use includes such
things as banks, office buildings, social and welfare agencies, employment, travel and advertising
agencies, dental clinics, etc.
The City of Fayetteville continues to receive rezoning requests for bail bond agencies on S.
School Ave. to support the new County Jail on Clydesdale Dr. Since 2001 , the planning
department has approved bail bond agencies under Use Unit 16, Shopping Goods, which is only
an allowable use in the C-27 C-3 and C-4 zoning districts. Based on the information the planning
department had in regards to the this type of business, such as the hours of operation and the
amount of traffic that could be generated, it was appropriate to list Bail Bonding Agencies under
Use Unit 16. However, new information regarding the day to day activities has caused Planning
Staff to re-examine the appropriate use unit under which Bail Bond Agencies should be
permitted.
While most if not all bail bonding companies are open 24 hours a day, the information that our
office received indicates that the actual office hours are typically 8 :OOam-5:OOpm. Occasionally,
friends or family members may come by the offices to fill out paperwork on behalf of someone
that needs to be bonded out of jail. However, the majority of the time the bonds are finished at
the jail as is the required paperwork.
Use Unit 12 consists of offices, studios, medical and dental labs and other compatible or
supporting services and sales. Included uses vary from artist studios to high impact uses such as
banks that generate high levels of traffic. Based on day to day activities, bail bond agencies seem
to be an appropriate office use. Furthermore, bail bond agencies act as a supporting service to
businesses in the surrounding area. It is for these reasons that staff has decided to reevaluate bail
bond agencies and their associated activities, so that this type of business is more accurately
classified within the use units in Chapter 162.
Amendment 2
Planning Staff recommends approval to amend Section 161 . 15 (B. 1 .) and (B.2.) District R-O,
Residential Office to remove Manufactured Home Park as a permitted use, but to allow it as a
conditional use. This use was not permitted in the Unified Development Code prior to the most
previous codified version, and staff can find no reason why it would be appropriate as a use by
right in the Residential Office zoning district, based on a comparison with other residential and
commercial zoning districts.
Amendment 3
Planning Staff recommends approval to amend Section 161 . 17 (B. 1 .) District C-2, Thoroughfare
Commercial and Section 161 . 18 (B. 1 .) District C-3 , Central Commercial to include Use Unit 25
as a permitted use. Use Unit 25 : Professional offices, is a use that is allowed by right in the R-O,
C-1 and C-4 zoning districts. This use consists of professional offices that are compatible with
medium and high density residential areas, including but not limited to" doctor's offices, dentists,
architects, engineers, attorneys, accountants, realtors, brokers, business consultants, etc. This use
specifically has been the source of much confusion for staff and citizens wishing to operate
professional office uses within two commercial zoning districts in the City.
• City of Fayetteville •
Staff Review Form
City Council Agenda Items
or
Contracts
7/19/2005
City Council Meeting Date
Jeremy Pat e Planning Operations
Submitted By Division Department
Action Required:
City Council approval to amend Chapter 161 "Zoning Regulations," Section 161.15 6.1. & Section 161.15 B.2. of the
Code of Fayetteville, to remove manufactured home park as a permitted use, but to allow it as a conditional use
withing the R -O, Residential Office Zoning district..
$0.00
Cost of this request
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Budgeted Item
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Category/Project Budget
n/a
Funds Used to Date
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Remaining Balance
Budget Adjustment Attached
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t Previous Ordinance or Resolution # n/a
Departmerj1 Director Date
1 Original Conptract Date: n/a
all GraPr'W�"ee'�
r 1 � Original Contract Number: n/a
City Attorney
Finance
Mayor
Service Director
Received in City Clerk's Office
ENTF,RED
-
Date
Received in Mayor's Office ED
Date
Planning Commission •
June 27. 2005
ADM 05-1605 Use Units
Ostner: The next item on our agenda is ADM 05-1605 for Use Units. If we could
have the staff report please.
Fulcher: Frequently staff members or citizens have come across certain Use Units
within Chapters 161 and 162 that may not be specifically listed or may not
be compatible under the zoning district in which they are listed. There are
quite a few items that staff is looking at right now. Tonight we have three
specific amendments before you that we would like to cover briefly. The
first item has to do with bail bonding agencies, which 1 know this Planning
Commission and City Council have both recently reviewed a few rezoning
requests based on bail bonding agencies. In response to these requests the
City Council did ask staff to reevaluate the Use Units under which bail
bonding agencies have been listed in the past. The first amendment we are
looking at is an amendment to Chapter 162 Use Units, of the Unified
Development Code, Section 162.01 Establishment Listings to include bail
bonding agencies under a permitted and detailed use under Use Unit 12,
Offices, Studios and Related Services. The reason for some of the
confusion in these rezoning requests for bail bonding agencies is that this
use has never been officially listed as a detailed use in any zoning district.
However, previous interpretations by our Zoning & Development
Administrator have placed this specific use under Use Unit 16 Shopping
Goods. We have done a study and description of the actual use, hours,
traffic impact and other impacts on surrounding properties that this use has
and staff finds that this use is more appropriate under Use Unit 12,
Offices, Studios and Related Services. This use includes things such as
banks, office buildings, social welfare agencies, employment, travel and
advertising agencies along with dental clinics. Amendment two that we
are looking at is an amendment to Chapter 161 Zoning Regulations of the
Unified Development Code. §161.15, R -O, to remove manufactured
home park as a permitted use but to include it as a Conditional Use in the
R -O zoning district. This use was not permitted in the Unified
Development Code prior to the most current version and staff could find
no reason why it would be appropriate as a use by right in the R -O zoning
district based on a comparison with other commercial and residential
zoning districts. The final amendment is an amendment to Chapter 161
zoning regulations of the Unified Development Code. §161.17, C-2,
Thoroughfare Commercial and §161.18, C-3, Central Commercial, to
include Use Unit 25 as a permitted use. Use Unit 25, Professional Offices
is a use that is allowed by right in the R -O, C-1 and C-4 zoning districts.
This use consists of professional offices that are compatible with medium
and high density residential areas including, but not limited to, doctor's
offices, dentists, architects, engineers, attorneys, accountants, realtors,
brokers, business consultants and others. This use specifically has been
the source of much confusion for staff and citizens wishing to operate
Planning Commission • •
June 27. 2005
professional offices within two commercial zoning districts within the
city. Therefore, staff is recommending approval of all three amendments
tonight.
Ostner: Thank you. I will take public comment on this issue. Would anyone like
to speak to ADM 05-1605? Seeing none, I will close the public comment
session and bring it back to the Commission for discussion.
Trumbo: We are
going to
move manufactured homes out
of R -O, will they be
allowed
by right in
any other zoning?
Pate: Yes, they are allowed by right in R -A currently and they are allowed by
Conditional Use in several of the higher density residential multi -family
zoning districts. This proposal is to move it out of the use by rights into a
Conditional Use much like the other multi -family zoning districts.
Trumbo: R -A is going to be one?
Pate: It is a permitted use, that is correct.
Trumbo: If we annex a piece of property into the city and we don't rezone it, it
comes in R -A on it's own so it could be a manufactured home park by
right?
Pate: Correct, it has to be a use permitted by right in at least one residential
zoning district in the city. That is the one that the Council has chosen for it
to be a use permitted by right.
Trumbo: Just as long as they know that that is sitting there.
Ostner: My question for staff has to do with, I don't think I have a problem with
amendments two and three. It is amendment one creating bail bonding as
basically putting it into Use Unit 12 and permitting it by right in R -O if
I'm understanding that right.
Pate: That is correct. That is the current proposal. Our initial thought was to
find a zoning district that it would best fit into as a Conditional Use in the
R -O zoning district. Simply because it changed from being only allowed
in C-2 and changing that to be allowed in the R -O is quite a jump.
However, when you actually evaluate the use, the hours of operation, the
number of vehicle trips per day that this type of business generates, the
types of structures that they are located within, it really falls into line with
a lot of the Use Unit 12 operations which are more business and not
necessarily retail, but office oriented. The letters in your packet support
that. We did look on line on several occasions to several different
businesses and on the web for several different types of descriptions trying
Planning Commission • •
June 27. 2005
to find different uses or other permitted items that are located within a bail
bonds office and they all seem straight forward and would be less impact
than a lot of your other uses that would be allowed currently by right.
Those again, include financial institutions or banks, which do have quite a
bit of traffic generation, and those are allowed by right in the R -O district.
Trailer supplies and equipment, including office furnishings, architect and
artist supplies, business machines. Services including parking garages,
blue printing, employment agencies, ticket offices, small animal out
patient veterinary clinics. We felt that those were in line with this type of
use. The previous use as it was established was never established by
ordinance. When there is a use that comes about and is not a detailed use
staff is required to make an interpretation on where that use specifically
falls. Periodically we will update the code to try to catch up with
technology or catch up with the times, we are looking at a small over haul
of these use units currently. However, these were some more pressing
ones that the Council and staff felt were appropriate to bring to you now
and we could get your mind around these three at least at this time as
opposed to looking at the entire ordinance. The last time we did this was a
few years ago when we codified the entire Code.
Ostner: Thank you. One of the first thing that you talked about was other
businesses that are included by right in the R -O. You mentioned doctor's
offices, dentists, architects, engineers, attorneys, accountants. The
businesses that you mentioned that are allowed in R -O don't have 24 hour
operations. That is what worries me. We use R -O as a buffer for low
density residential and it is a good buffer. It is like commercial light, it is
commercial without the retail. I think I can see bail bonding fitting in there
but I'm concerned that it needs to be a Conditional Use in the R -O.
Pate: I agree, we definitely looked at that open 24 hours. A lot of these
advertise 24 hours. I guess the first point is that there is nothing saying
that these couldn't be 24 hours. These types of uses could operate 24
hours if they wanted to. We don't have ordinances that disallow that.
Also, with the materials supplied here and most of the materials that we
looked at with other sources, indicated that though they advertise 24 hour
availability that they are not open 24 hours at that specific location. Most
of the calls are forwarded to a home phone or an agent that is working out
of that office and the meetings are held at the detention facility or
otherwise. That is another key component. We agree that if the office
were open 24 hours much like a convenience store or something else, it is
a different animal. Most of our indications though are that these aren't
open for business 24 hours. Even driving by at midnight most of them do
not have their lights on. They simply have a number you can call.
Planning Commission
June 27, 2005
Due to the very nature of the business of bail bonding I would feel more
comfortable with including the hours that the office could be open such as
from 8:00 to 5:00.
Is there a way to differentiate in a Use Unit?
Other than the state and local alcoholic beverage service laws, we don't
regulate the hours of any businesses in the city. Of course, alcohol always
being a special category in the history of juris prudence, we do have hours
of operation for those businesses serving alcoholic beverages. We don't
have any for any others. That would introduce a wrinkle that is not
contemplated in the code.
I would just say that it is hard for me to support this because of the hours
and the fact that it would abut, nearly always, a residential area.
Jeremy, we have a letter in our packet from Butch Thomas, the president
of Mountain Man Bail Bonding, which I found very informative because I
don't know how bail bonding works. Mr. Thomas explains that they
forward their phones at night. I run a business that we do exactly the same
thing. Our office is only open from 10:00 to 2:00 and we forward phones
somewhere. Did you call or contact any other bail bonding companies to
find out if they work in a similar fashion?
We called a number of the bail bonding offices that are coming to you for
a rezoning from C-2 along this stretch and they indicated similar
circumstances.
With that point I have no problem with putting it in R -O because when
you forward the phones it is off premises. If they all work according to
what Mr. Thomas' letter indicates, and I have no reason to believe they
don't, you are not going to get a lot of traffic generated. I know that in
some of the professional buildings we service when alarms go off there is
traffic. People have to come back in at midnight and 1:00. That doesn't
happen very often though. The business is normally closed from 5:00 in
the evening until the next morning so I am comfortable with this.
Staff, can you review for me how the
signs
that
would be allowed on this
building
would change between a R -O
and a
C-2
district?
In the R -O district
they
would be allowed one 16 sq.ft. sign
per business
and if they did a monument
sign they would be allowed 16
sq.ft. If they
did a free standing
sign
they would be allowed four sq.ft. It
is one or the
other. If it is C-2
they
would be allowed four wall signs at
150 sq.ft. or
15% of the wall base, whichever is greater, and then one free
standing sign
or monument sign,
each
with 75 sq.ft. allowable.
Planning Commission • •
June 27, 2005
Allen: Continuing along, I have yet to have to spring somebody from the
slammer so I really don't know the protocol for this. Do you normally go
to the parole office to do this or is this done at the jail? How is this
handled? Maybe that would make me feel more comfortable. I just don't
quite like the idea of it being right there by the neighborhood and that kind
of activity going on potentially 24/7 since we can't regulate their hours.
Pate: If it please the Chair Mr. Thomas with Mountain Man Bail Bonding is
here and may be able to answer some of your questions.
Thomas: I am Butch Thomas with Mountain Man Bail Bonding. If you were to call
me and Mr. Trumbo was in jail you would meet a bail bonding agent at the
jail. At that point everything would be handled, my secretary, who
handles everything, would have most of it handled over the telephone and
a piece of paper to sign. The money would change hands right there
where you were at. If, by some chance, you didn't have all of the money
and said can I make a payment. You get your bail and then you could
drop it by the office. That would be the only time we would see you there
at the office unless you really had some tricky situation or something
because he wasn't a good risk. If it was late at night we would just meet
with you the next morning. We are security conscious. We don't like our
bondsmen at the office by themselves. We are an 8:00 to 5:00 business.
They leave at 5:00 and the phone rollover goes to them. They are paid on a
commission basis. They want to get down to the jail and get their business
done and go back home and go to bed.
Allen: Primarily your office is used for paperwork?
Thomas: The office is used for logging the bonds in, for handling the telephone
lines. We have lines for Rogers, Springdale and Fayetteville. Some of the
companies may have them from all over the state. We just do it here
locally. Our phones ring off the wall but most of the time it is somebody,
they let people call up there no matter what their bond is, we filter through
the ones that we need and then we contact our agents and direct them from
there.
Allen: You are saying that that is typical of how other offices are managed?
Thomas: I could
say
that. I don't have any way
to
verify that.
I have been in the
business
for
about five years and that is
the
way that we
do our business.
Ostner: If everything in your office after hours is done in the jail when you put up
a sign that says 24 hours why do you do that? What is the rare occasion
when you would need that?
Planning Commission • •
June 27, 2005
Thomas: I would imagine
that a good attorney would be on call 24
hours and used
to a good doctor
would be on call 24 hours. It is a service
that
everybody
in the bail bonding
business usually provides. I would just
as
soon have
my business on
the other side of Goshen and have a big
sign
right there
close to the jail
that says call Mountain Man 24 hours
but
that is not
doable.
Ostner: Thank you. That helps me. Do we have any more questions?
Clark: I understand exactly what Mr. Thomas is saying because our business
advertises 24/7 and we are, but we are not at the office when we answer
the phone. People find it very reassuring. 1 guess maybe we're thinking
outside the box here a little bit but just because you have an office where
people call doesn't mean that that is where the phone is being answered. I
am very comfortable with this.
Ostner: There are several different things that we are talking about and we have
only really talked about amendments one and two and so if there is no
more discussion on amendment three having to do with including another
Use Unit in the C-2, are there any motions?
MOTION:
Clark: I will make a motion that we recommend approval of all three
amendments as stated.
Myres: I will second.
Ostner: Is there further discussion? Could you call the roll?
Roll Call: Upon the completion of roll call the motion to recommend approval of the
amendments to the Unified Development Code was approved by a vote of
9-0-0.
Thomas: The motion carries.
From: Clarice Pearman
To: Pate, Jeremy
Date: 8/4/05 12:13PM
Subject: Ord. 4725, 4726, 4727, 4728
Jeremy,
Attached is a copy of the ordinances passed by City Council July 19, 2005 amending several ordinances
of the UDC.
n
111 1 I . ki
su WorrduvestArrka u"j,Most Wider Read Heampaperr0
AFFIDAVIT OF PUBLICATION
I, Erin Emis. do solemnly swear that 1 am the Legal 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:
was inserted in the regular editions on
PCI V
** Publication Charge: $
Subscribed and sworn to before me this
day of _ 12005.
Notary Public Sharlene D. Williams
Notary Public
My Commission Expires: State of Arkansas
My Commission Expires
October 18, 2014
** Please do not pay from Affidavit.
An invoice will be sent.
RECEIVED
AUG 12 2005
CITY OF FAYETTEVILIE
CITY CLERK'S OFFICE
P.O. BOX 1607 o 212 N. EAST AVENUE • rAYETTEVILLE. ARKANSAS 72701 • 479-571-6470
0
..
vw.ngnyO NOW 41210
'L ORDINANCE AMENDING ,OFTHECHAPTER leir
CODE
Taye yl$e
"ZONING RVIGULATIONS"r SECTION 187.16
0.1.6 EVICTION REM B.E., OFTHE CODE OFFAYEREVILLE, TO REMOVE MANUFACTURED
HOME PARK AS A PERMITTED USE, BUT TO ALLOWI7 AS A CONDITIONAL USE WITHIN THE R -O, REST-
BE R ORDAINED By THE CRY COUNCIL OF THE CRY OF FAYSTTBVILLEr ARKANEA
Section 1. That Chapter 161: Zoning Regulations, § 161.15, B.I. and § 161,15 8.2., of the Code
Fayeftewle, are hereby repealed and Exhibit 'A' is Inserted in its stead.
See Exhiba'A' attached hereto and made a part hereof.
PASSED and APPROVED this 19th day of July. 2005.
� iaddmwwt�W
wwrrnrYrryGIIrNEXHIBIT'A'
1.1E Dlatrlat RA,RpIJantial Olll"
Purpose. The Residential-OfAco Disrict Is deagnetl primarily to provide area f« offices without liml-
on to the nature or size f the office, together with oommunity fatalities, m1aurents and compatible
uses.
Vntt 1 ..............C4-Wde
uses by tight
Unit 5 ........
...... OsvernmeM fadleas
Unit B ..............Single-family
m+ellings
U" 9..............Two-family
dwellings
Unit 12 ............
OKK:es, studios and related 5erNces
Unit 25 ............
Potessi rel oKkres
(2) C&x%brwl uses.
Unit z ....:.........Oty-wide
uses by condUonf use permit
Unit 3......
J......Public Protection and Witty fadlities
Unit 4..............Curcurdl
are reonseekr t facilltles
Jnit 11 ............Manufactured
hone park
InK to
cex.....a...r_ .
area ragussaphs,
unit for residentlal stnjm re )
minmum.
d home park ........................too ft.
manufactured here park ...... 50 n.
Manfactured home park ........................3 saes
Lot Witt
5l In a manulacturetl hone park...... 4,200 sq. ft
Townhouses:
Darelopmeng............................................10.000
W ft.
IndMdual bi ........................................_.:2,500
sq. ft.
Single-famiy ............................................6.000
sq. ft.
fwo-fam6'y.......................:.....'..................6,500
sq. ft.
Three «more..........................................8.000
sq. ft.
7atemity «Sorority ................................
1 acre
3) Lerxl eras per dwflhg anti.
Nanfadturetl home ...............:..:.............3,000
W. ft.
fownhouaes 8 apartments:
Jo bacroom .....L .....................................1.000
Sq. ft.
AIe bedroom ..................................
........ 1,000 sq. ft.
M «more betlroana...:........................1,200
'raternky
sq. ft.
or Sorority ................................500
D) Density
sqftper resident
)nfts per able .:................. ...................
...4 to 24
3 olbwetl between Me
the building ....................So ft.
.... :...... ... .............. .......... 10 ft.
7uous to a
.................................... 15 ft.
ear, from center line of public flay ........10 fl.
Haight reguratlons There shall Da no maximum height limits in R -O Districts, provided, tgwever, ihf
MF Dlstr�t an additional diistancewhCh "Carlos the lght of 20 of one feet for each foot f Nigt shal be Sal back ht In any
off m feet boundary line f any RSF or
(G) B ot. area. On any U, the area OCOupled by all buildings shall not exceed 60%f the total area of RECEIVED
eucfi M:
(COde NO.,1965. App. A., Art, 5(x); Ord No. 2414,2-7-78: Ord. No. 2603, 249-80; Ord. No. 2621, 4-
1-80: Ord+J40. 1747, 6-29-70; Code 1991, §160.041; Ord. No. 4100, §z (Ex. A), 6-16-98; Ord. N9. 4178, 8 -31 -OM � \
_-___-- AUG 12 2005
CRVOF FAYEfEVILLE