HomeMy WebLinkAboutOrdinance 4727 ORDINANCE NO, 4727
AN ORDINANCE AMENDING CHAPTER 161 , ZONING
REGULATIONS, SECTION 161 . 17 B. I . & SECTION 161 . 18 B. 1 OF
THE CODE OF FAYETTEVILLE, TO ADD USE UNIT 253
PROFESSIONAL OFFICES AS A PERMITTED USE TO THE C-2,
THOROUGHFARE COMMERCIAL AND C-3 , CENTRAL
COMMERCIAL ZONING DISTRICTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That Chapter 161 : Zoning Regulations, § 161.17, B. I. and §161 .18
B.1., of the Code of Fayetteville, are hereby repealed and Exhibit "A" is inserted in its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.
,auumnq,r,
° C FR yT , SAO
; G APPROVED-
; FAYETTEVILLE :
_!L:• By:
=9s0 IV:�KANSA DA COO Y, Mayor
.;NGT0 ����`���
ATTEST: 1 �/
By: R�11
S NDRA SMITH, City Clerk
EXHIBIT "A"
161.17 District C-2, Thoroughfare Commercial
(A) Purpose. The Thoroughfare Commercial District is designed especially to
encourage the functional grouping of these commercial enterprises catering
primarily to highway travelers.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 12 Offices, studios and related services
Unit 13 Eating laces
Unit 14 Hotel, motel, and amusement facilities
Unit 15 Neighborhood shopping oods
Unit 16 Shopping oods
Unit 17 Trades and services
Unit 18 1 Gasoline service stations & drive-in restaurants
Unit 19 Commercial recreation, small sites
Unit 20 Commercial recreation, large sites
Unit°25 Erofessi uiaF611156s
Unit 33 Adult live entertainment club or bar
Unit 34 Liquor store
(2) Conditional uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 21 Warehousing and wholesale
Unit 28 Center for collecting recyclable materials
Unit32 Sexually oriented business
Unit 35 Outdoor music establishments
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front 50 ft.
Side None
Side, when contiguous to a residential 15 ft.
district
Rear 20 ft.
0 0
(F) Height regulations. In District C-2 any building which exceeds the height of 20
feet shall be set back from any boundary line of any residential district a
distance of one foot for each foot of height in excess of 20 feet. No building
shall exceed six stories or 75 feet in height.
(G) Building area. On any lot, the area occupied by all buildings shall not exceed
60% of the total area of such lot.
(Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-
70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99)
161.18 District C-3, Central Commercial
(A) Purpose. The Central Commercial District is designed to accommodate the
commercial and related uses commonly found in the central business district,
or regional shopping centers which provide a wide range of retail and
personal service uses.
(B) Uses.
(1) Permitted uses.
Unit 1 Ci -wide uses by right
Unit 4 Cultural and recreational facilities
lTmt5 Government facilities
Unit 12 Offices, studios, and related services
Unit 13 Eating laces
Unit 14 Hotel, motel, and amusement facilities
Unit 15 Neighborhood shopping oods
Unit 16 Shopping oods
Unit 18 Gasoline service stations & drive-in
restaurants
Unit 19 Commercial recreation, small sites
Un`it;25 Professionalloffiees
Unit 26 MultiZ;mily dwellings
Unit 34 liquor stores -
(2) Conditional uses.
Unit 2 City-wide uses by conditional use pernut
Unit 3 Public protection and utility facilities
Unit 17 Trades and services
Unit 28 Center for collecting recyclable materials
Unit 35 Outdoor music establishments
Unft36 Wireless communications facilities
(C) Density. None.
(D) Bulk and area regulations. None
(E) Setback regulations.
Central
Business Shopping
District Center
Front 5 ft. 25 ft.
Front, if parking
is allowed
between the
right-of-way and
the building 50 ft. 50 ft.
Side None None
Side, when
contiguous to a
residential district 10 ft. 25 ft.
Rear, without
easement or alley 15 ft. 25 ft.
Rear, from center
line of a public
alley 10 ft. 10 ft.
(Code 1965, App. A., Art. 5(VII); Ord. No. 2351, 6-21-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991,
§160.037; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99)
City Council Meeting of July 19, 2005 7c;-
Agenda Item Number 17ftl od
CITY COUNCIL AGENDA MEMO A - W
To: Mayor and City Council
u /��j015
Thru : Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: June 30, 2005
Subject: AMENDMENT TO CHAPTER 161 . 17 (B. 1 .) & 161 . 18 (B. 1 .)
RECOMMENDATION
Planning Staff recommends approval to amend Section 161 . 17 (B. 1 .), District C-2,
Thoroughfare Commercial & 161 . 18 (B. 1 .), District C-3, Central Commercial to add Use
Unit 25 as a permitted use.
BACKGROUND
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.
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.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 161 , "ZONING
REGULATIONS", SECTION 161 . 17 B. I . & SECTION 161 . 18 B. 1 ., OF
THE CODE OF FAYETTEVILLE, TO ADD USE UNIT 257
PROFESSIONAL OFFICES AS A PERMITTED USE;JN THE C-2,
THOROUGHFARE COMMERICAL AND C-3 ° ' ,CENTRAL
COMMERICAL ZONING DISTRICTS.
Section 1 . That Chapter 161 : Zoning Regulations, Section 161 . 17,��ff B. I . and
161 . 17 B. l ., of the Code of Fayetteville, is hereby d� 2v- hibit "A„
-attashcd- ewAo-aPd-mad art hereof. / ed
19 jv�9Ar{ G� l ✓l 1I S �Q
See Exhibit "A" attached hereto and made apart hereof.
PASSED and APPROVED this day of 2005. /
APPROVED:
' `,DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
t-4-mw ' A ', e . t
A 0
City Council Meeting of July 19, 2005
Agenda Item Number
161 .17 District C-2, Thoroughfare Commercial
(A)Purpose. The Thoroughfare Commercial District is designed especially to encourage
the functional grouping of these commercial enterprises catering primarily to highway
travelers.
(B) Uses.
(1 ) Permitted uses.
Unit 1 Cit -wide use by right
Unit 4 Cultural and recreational facilities
Unit 12 Offices, studios and related services
Unit 13 Eating laces
Unit 14 Hotel, motel, and amusement facilities
Unit 15 Nei hborhood shopping goods
Unit 16 Shopping oods
Unit 17 Trades and services
Unit 18 Gasoline service stations & drive-in restaurants
Unit 19 Commercial recreation, small sites
Unit 20 Commercial recreation, large sites
Unit 25 Professional offices
Unit 33 Adult live entertainment dub or bar
Unit 34 Liquor store
(2) Conditional uses.
Unit 2 City-wide use by conditional use permit
Unit 3 Public protection and utility facilities
Unit 21 Warehousing and wholesale
Unit 28 Center for collecting recyclable materials
Unit 32 Sexually oriented business
Unit 35 Outdoor music establishments
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front 50 ft.
Side None
Side, when contiguous to a residential district I15 ft.
Rear 1 1 20 ft.
(F) Height regulations. In District C-2 any building which exceeds the height of 20 feet
shall be set back from any boundary line of any residential district a distance of one
foot for each foot of height in excess of 20 feet. No building shall exceed six stories
or 75 feet in height.
(G)Building area. On any lot, the area occupied by all buildings shall not exceed 60% of
the total area of such lot.
• Ex�td,T 'A � r . V •
City Council Meeting of July 19, 2005
Agenda Item Number
(Code 1965, App. A, An. 5(VI); Ord. No. 1833, 11 -1 -71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No. 174716-29-70;
Code 1991 , $ 160.036; Ord. No. 4034, §§'3, 4, 4-15-97; Ord. No. 4100, $2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31 -99)
161 .18 District C-3, Central Commercial
(A) Purpose. The Central Commercial District is designed to accommodate the
commercial and related uses commonly found in the central business district, or
regional shopping centers which provide a wide range of retail and personal service
uses.
(B) Uses.
(1 ) Permitted uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit Government facilities
Unit 12 Offices, studios, and related services
Unit 13 Eating laces
Unit 14 Hotel, motel, and amusement facilities
Unit 15 Neighborhood shopping oods
Unit 16 Shopping oods
Unit 18 Gasoline service stations & drive-in
restaurants
Unit 19 Commercial recreation, small sites
Unit 25 Professional offices
Unit 26 Multi-family dwellings
Unit 34 1 Liquor stores
(2) Conditional uses.
Unit 2 City-wide uses by conditional use pennn it
Unit 3 Public protection and utility facilities
Unit 17 Trades and services
Unit 28 Center for collecting recyclable materials
Unit 35 Outdoor music establishments
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and area regulations. None
(E) Setback regulations.
Central
Business Shopping
District Center
Front 5 ft. 25 ft.
Front, if parking is
allowed between
the right-of-way
and the building 50 ft. 50 ft.
Side None None
Side, when
contiguous to a
residential district 10 fl. 25 ft.
Rear, without I S fl. 25 ft.
• �.41A1a1T "A" VA 0
City Council Meeting of July 19, 2005
Agenda Item Number
easement or alley
Rear, from center
line of a public
alley 10 N. ION.
(Code 1965, App. A., Art. 5(VII); Ord No. 2351 , 6-21 -77; Ord No. 2603, 2- 19-80: Ord. No. 1747, 6-29-70; Code 1991 , § 160.037;
Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord No. 4178, 8-31 -99)
Y) Unit 25. Professional offices.
(1 ) Description. Unit 25 consists of small professional offices that are compatible with medium and
high density residential areas.
(2) Included uses.
Doctor's office no more than four doctors _
Dentist's office no more than four dentists)
Insurance sales
Studio for teaching any of the fine or liberal arts
Photography studio
Welfare agencies
Architect
Engineer
Attorney
Accountant
Business or management consultant '
Realtor
Broker
Interior decorator
• •
V r 10 V j le
PC Meeting of June 27, 2005
7 ARKANSAS
TIME 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 YES
❑ Approved ❑ Denied
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-2, 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,