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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 and § 161. 15 B.2., of the Code of Fayetteville, are hereby repealed and Exhibit "A" is inserted in its stead.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,