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B.2., of the Code of Fayetteville, are hereby repealed and Exhibit "A" is inserted in its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