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HomeMy WebLinkAboutOrdinance 4728 ORDINANCE NO, 4728 AN ORDINANCE AMENDING CHAPTER 162, USE UNITS, SECTION 162.01 L.2., OF THE CODE OF FAYETTEVILLE, TO ADD BAIL BONDING AGENCY TO USE UNIT 12 : OFFICES, STUDIOS, AND RELATED SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Chapter 162: Use Units, § 162.01, L.2., of the Code of Fayetteville, is hereby amended by inserting Exhibit "A" attached hereto and made a part hereof. See Exhibit "A" attached hereto and made a part hereof. PASSED and APPROVED this 19'' day of July, 2005 . �',A` RK%TR4't.,�. ;ti�G w&Ay pcsGP ' APPROVE =U • • ?� � ; FAYETTEVILLE : g A% By. %9s�9QKANSP'J�'� 4A , Mayor ATTEST: °''%�hG70N Goo° By: K r4cJ A)VI SONDRA SMITH, City Clerk EXHIBIT "A" (L) Unit 12. Offices, studios, and related services. (1) Description. Unit 12 consists of offices, studios, medical and dental labs and other compatible or supporting services and sales. (2) Included uses. Advertising agency Artist's studio Computing service Data processing service Drafting service Dental clinic Financial institution Funeral home Medical clinic Office buildings Social and welfare a encfes Sale of supplies and • Architects and artists equipment: supplies •Business machines *Dental supplies *Medical and optical supplies *Office fumishin s Scientific instruments Services: *Auto parking garage • Blueprinting 8ail'.bon`duiga"g'ency •Employment agency •Photocopying •Printing *Ticket office, transportation and amusement •Travel agency Veterinary small axumal out- anent clinic City Council Meeting of July 19, 2005 7(� 8/ Agenda Item Number 41an CITY COUNCIL AGENDA MEMO C� /��l To: Mayor and City Council Thru : Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: June 30, 2005 Subject: AMENDMENT TO CHAPTER162.01 L.2.) RECOMMENDATION 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. BACKGROUND Bail Bonding Agency 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 limited information the planning department had in regards to the this type of business, such as the 24 hours of operation advertised 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, hours of operation and the number of trips served per day, 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, research that our office conducted indicates that the actual office hours are typically 8 :00am-5 :00pm. 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. The "24 hour" open advertising typically refers not to the hours that the particular office is open, but to the City Council Meeting of July 19, 2005 Agenda Item Number fact that phone calls will be answered 24 hours a day. Calls are typically forwarded to the homes of the employees for this particular business. 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 . 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. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 162, USE UNITS, SECTION 162 .01 L.2., OF THE CODE OF FAYETTEVILLE, TO ADD BAIL BONDING AGENCY TO USE UNIT 12 : OFFICES, STUDIOS, AND RELATED SERVICES. Section 1 . That Chapter 162 : Use Units, Section 162 .01 , L.2 ., of the Code of Fayetteville, is hereby ded-by-inseaiug Exhibit "A" attaehed h d rade a paw bzr f dR { dam a�uQ 'is % nsyece ',' � See Exhibit "A" attached hereto and made apart hereof. PASSED and APPROVED this day of 2005. APPROVED: By: IN/ ' \' . DAN COODY, Mayor ATTEST: By: i SONDRA SMITH, Gift'Glerk 4V r f t � / db 1 _ City Council Meeting of July 19, 2005 Agenda Item Number (L) Unit 12. Offices, studios, and related services. ( 1 ) Description. Unit 12 consists of offices, studios, medical and dental labs and other compatible or supporting services and sales. (2) Included uses. Advertising agency Artist's studio Computing service Data processing service -Draffing service Dental clinic Financial institution Funeral home Medical clinic Office buildings Social and welfare agencies Sale of supplies and -Architects and artists equipment: supplies •Business machines •Dental supplies •Medical and optical supplies ,Office furnishings Scientific instruments Services: -Auto parking garage •Blueprinfing -Bail bonding agency *Employment agency -Photocopying *Printing *Ticket office, transportation and amusement •Travel agency -Veterinary small animal out- patient clinic 0 (P) Unit 16. Shopping goods. (1) Description. Unit 16 consists of stores selling retail goods which are ordinarily purchased less frequently and often have a community-wide or regional market. (2) Included uses. Retail trade establishments: -Fur apparell Willine ( Cb�rt^ y tFtsi�nz d to Automotive, marine craft •Auto accessory store establishment: •Boat and accessory store ,Dry goods •Garden supply General Merchandise: •Department store •Mail order -Trading stamp redemption store Home furniture: *Appliances -China, glassware *Draperies, curtains •Floor coverings -Furniture •Music instruments Personal services: •Auto rental agency office *Barber and beauty shops (with more than 6 chairs) •Costume rental service lapl L. Savpgmap l — *Detective service •Gunsmith •Interior decorating •Locksmith •Optician/Optometrist -Photo finishing •Photographic studio ,Picture framing •Reading rooms *Sign painting •Watch and jewelry repair •Wei ht loss center Transportation service: -Bus station •Express service •Helistop *Railway terminal *Taxicab station e r • TTYrjj101 T PC Meeting of June 27, 2005 f ARKANSAS 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 0 Denied Date: June 27, 2005 ' CITY COUNCIL ACTION: Required ' ` ' YES ❑ Approved 1 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, C- I 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. MoRtain Man Bail Bonding Inc. Professional $ail &ndslnen 2856 South School Fayetteville, Arkansas 72701 Phone 479-521 -7100 Fax 479-521 -7107 June 13, 2005 Mr. Jeremy Pate City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Dear Mr. Pate: First of all I would like to thank you for taking the time to meet with me in reference to my recent purchase of property at 2856 and 2848 South School Avenue. I know the job of the City Planning Commission and City Council is a tough one, trying to keep everyone happy while maintaining some kind of order. As I explained to you in our meeting, it was my understanding that the R-0 classification was the correct zoning for my Bail Bond Company. I am sincerely hoping we can rectify this unfortunate mix up. I will do whatever is required to correct this situation. i do want to be a good neighbor to both the business and residential community. I would like to explain the nature of our business to you. Our hours of operation are from 7:30am to 5:00 pm. Monday thru Friday. We employ two Bail Bond Agents and one full time secretary. It is our secretary's job to be in the office to do all the bonding paperwork, answer two phone lines, direct agents to bonds that need to be written, talk to the courts, co-signers and etc. We are required by the Arkansas Bail Bonding Licensing Board and Arkansas Professional Bail Bond Association to keep all of our records in one central location for a period of seven years. Our two agents work strictly on a commission and are not required to work any set office hours. Occasionally a friend or family member of someone we are bonding will come by the office to fill out the necessary paperwork. However, ninety eight percent (98%) of all bonds are finished at the jail, and paperwork is completed there also. Our advertisements of 24 hours have absolutely nothing to do with the hours worked at the bonding office. Bail agents work from their home after office hours and are strictly forbidden from bringing clients into the office after office hours. At 5:00 the secretary will call forward the phones lines to whichever agent is on duty for that night, although the agents themselves might occasionally use the office to stay close to the jail or get some rest between bonds on a busy night. If we have a total of twelve ( 12) people come thru our office in a given week, it has been a very exceptional week, as most all business June 27, 2005 Planning Commission ADM 05-1605 (Use Units) Page 5.13 is conducted and completed at the jails. Again the bonding office is used primarily for answering phones and doing our own paperwork. I am hoping we can come to some kind of terms or agreement to let us continue our business at this location. Any leeway or consideration for helping us out in this problem will be greatly appreciated. Thanking you in advance, Butch Thomas, President Mountain Man Bail Bonding Inc. June 27, 2005 Planning Commission ADM 05-1605 (Use Units) Page 5.14