HomeMy WebLinkAboutOrdinance 4764 City of Fayetteville • /�/OS
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20-Sep-05
City Council Meeting Date
Jeremy Pate-SR Planning Operations
Submitted By Division Department
Action Required:
Submitted by Planning Staff requesting an amendment to the § 161 .25 Planned Zoning Districts of the Unified Development
Code to allow all identified use units within the pennissible uses for Planned Zoning Districts
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Cost of this request Category/Project Budget Program Category / Project Name
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Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
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City ney
Received in City Clerk's Office
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Received in Mayor's Office BITENEU
Mayor Date
Comments:
• City Council Meeting of September 20, 2005
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To : Mayor and City Council
Thru : Gary Dumas, Director of Operatioic�
From : Jeremy C. Pate, Director of Current Planning
Date: August 31 , 2005
Subject: Permitted Uses to be allowed in Planned Zoning Districts
RECOMMENDATION
Planning Staff recommends approval of an ordinance amendment allowing all established
Use Units in the Unified Development Code, § 162 to be permitted within Residential,
Commercial and Industrial Planned Zoning Districts.
BACKGROUND
With each type of Planned Zoning District — Residential, Commercial and Industrial —
there are specific uses that an applicant is allowed to choose from when requesting a
Planned Zoning District rezoning. The list to choose from varies, depending upon the
type of PZD, and what use is most prevalent: residential, commercial or industrial. Those
uses then excluded (not chosen) with an applicant's Planned Zoning District request,
which is based upon a Master Development Plan, are then not permitted unless a future
rezoning is approved by the City Council . With the recent modifications to the PZD
ordinance, one change does now allow for all Use Units to be available as a conditional
use option.
With each PZD submitted, staff and the City Council evaluate the permitted and
conditional uses proposed, the setbacks, density, intensity, development standards,
commitments, etc. A level of detail and compatibility is expected from each project
proposed, and if it does not meet the criteria for approval, the request is recommended for
denial . At this time, Planning Staff finds that the criteria in place limiting the available
Use Units within a Planned Zoning District to be an impediment to certain mixed-use
development proposals. There are certain uses that could be very appropriately permitted
by right, with the right development standards, buffering, screening, etc. It is our opinion
that all uses established within § 162 Use Units should be available to choose from,
regardless of the type of Planned Zoning District application. The majority (51 %) of the
uses within the PZD still has to remain residential, commercial or industrial, respectively,
in order to be approved. The measures in place to protect adjacent property owners,
achieve compatibility and result in a project that meets the goals and policies of the city
are major elements of consideration within each and every Planned Zoning District
proposed. However, the limited number of uses available in the Planned Zoning District
available uses have also stifled or severely altered several projects that could have been
• City Council Meeting of September 20, 2005
Agenda Item Number
accomplished in a manner that would add benefit or result in a successful project in the
City of Fayetteville.
DISCUSSION
This item was not reviewed by the Planning Commission. Staff has forwarded this item
to the City Council, in anticipation of the discussion of one of the first Master
Development Plan — Planned Zoning Districts being reviewed, Pratt Place Inn. The
requested uses for agriculture (Use Unit 6, Agriculture and Use Unit 7, Animal
Husbandry) as uses in this Commercial Planned Zoning District can not currently be
allowed in any planned zoning district as a permitted use. Staff finds the proposed
changes are similar in nature to those approved with the recent PZD amendments for
conditional uses, and requests a similar action for all permitted uses.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE AMENDING § 161 .25 PLANNED
ZONING DISTRICT TO ALLOW ALL USE UNITS
IDENTIFIED IN § 162 USE UNITS OF THE UNIFIED
DEVELOPMENT CODE TO BE MADE AVAILABLE AS
PERMITTED USES WITHIN ALL PLANNED ZONING
DISTRICTS.
WHEREAS, the Unified Development clearly sets forth the grounds for approval and denial
of a Planned Zoning District, and includes specific criteria for compatibility; and
WHEREAS, certain desirable uses are not currently permitted uses in any Planned Zoning
District; and
WHEREAS, one of the goals of the Planned Zoning District ordinance is to provide
opportunity for mixed-use planned development, with appropriate measures in place to
ensure a high degree of compatibility;
BE IT ORDAINED BY THE 'CITY COUNCIL 'OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section l : That the City Council :of the City of Fayetteville, Arkansas hereby
amends § 161 .25 (C.2) (D.2) andl(E.2) "Permitted Uses" by deleting those subsections in
their entirety and replacing them with the following language:
(2) All permitted uses identified within'§162 Use Units ofthe Unified Development
Code shall be allowed as permissible uses, unless otherwise specified, subject to
City Council approval of the Planned Zoning District request.
PASSED AND APPROVED this day of 92005.
APPROVED:
By:
DAN COODY, Mayor
By:
SONDRA SMITH, City Clerk
0 0
Proposed revisions to § 161 . 25, with removed language identified with strike-thru
and proposed language identified in bold italics and highlighted.
CHAPTER 161 : ZONING REGULATIONS
161 .25 Planned Zoning District
(8) Natural features. Maximum
(A) Purpose. The intent of the Planned Zoning enhancement and minimal disruption of
District is to permit and encourage existing natural features and amenities.
comprehensively planned developments
whose purpose is redevelopment, economic (9) General Plan. Comprehensive and
development, cultural enrichment or to innovative planning and design of mixed
provide a single-purpose or mixed-use use yet harmonious developments
planned development and to permit the consistent with the guiding policies of
combination of development and zoning the General Plan.
review into a simultaneous process. The
rezoning of property to the PZD may be (10) Special Features. Better utilization of
deemed appropriate if the development sites characterized by special features
proposed for the district can accomplish one of geographic location, topography, size
or more of the following goals. or shape.
(1 ) Flexibility. Providing for flexibility in the (B) Rezoning. Property may be rezoned to the
distribution of land uses, in the density Planned Zoning District by the City Council
of development and in other matters in accordance with the requirements of this
typically regulated in zoning districts. chapter and Chapter 166, Development.
Each rezoning parcel shall be described as a
(2) Compatibility. Providing for compatibility separate district, with distinct boundaries and
with the surrounding land uses. specific design and development standards.
(3) Harmony. Providing for an orderly and Each district shall be assigned a project
creative arrangement of land uses that number or label, along with the designation
are harmonious and beneficial to the "PZD". The rezoning shall include the
community. adoption of a specific master development
plan and development standards.
(4) Variety. Providing for a variety of
housing types, employment (C) R — PZD, Residential Planned Zoning
opportunities or commercial or industrial District.
services, or any combination thereof, to
achieve variety and integration of (1 ) Purpose and intent. The R-PZD is
economic and redevelopment intended to accommodate mixed-use or
opportunities. clustered residential developments and
to accommodate single-use residential
(5) No negative impact. Does not have a developments that are determined to be
negative effect upon the future more appropriate for a PZD application
development of the area; than a general residential rezone. The
legislative purposes, intent, and
(6) Coordination. Permit coordination and application of this district include, but
planning of the land surrounding the are not limited to, the following:
PZD and cooperation between the city
and private developers in the (a) To encourage a variety and
urbanization of new lands and in the flexibility in land development and
renewal of existing deteriorating areas. land use for predominately
residential areas, consistent with
(7) Open space. Provision of more usable the city's General Plan and the
and suitably located open space, orderly development of the city.
recreation areas and other common
facilities that would not otherwise be (b) To provide a framework within
required under conventional land which an effective relationship of
development regulations. different land uses and activities
within a single development, or ( 1 ) Purpose and intent. The C-PZD is
when considered with abutting intended to accommodate mixed-use
parcels of land, can be planned on developments containing any
a total basis. combination, including multiple
combinations of commercial, office or
(c) To provide a harmonious residential uses in a carefully planned
relationship with the surrounding configuration in such a manner as to
development, minimizing such protect and enhance the availability of
influences as land use each independent use. The C-PZD is
incompatibilities, heavy traffic and also intended to accommodate single
congestion, and excessive use commercial developments that are
demands on planned and existing determined to be more appropriate for a
public facilities. PZD application than a general
commercial rezone. The legislative
(d) To provide a means of developing purposes, intent and application of this
areas with special physical features district include, but are not limited to, the
to enhance natural beauty and following:
other attributes.
(a) To encourage the clustering of
(e) To encourage the efficient use of commercial and office activities
those public facilities required in within areas specifically designated
connection with new residential to accommodate such uses and to
development. discourage the proliferation of
commercial uses along major
(2) Permitted uses. thoroughfares and noncommercial
areas.
Wnit-1 Gity-wide-eses-by-rgM
Unit-2 City-wide uses-by-sonrflienawse (b) To provide for orderly development
in order to minimize adverse impact
Unit 3 Paolis-protestionandutitity-facilities on surrounding areas and on the
Unit-4 �as: .� general flow of traffic.
(c) To encourage orderly and
Unit-5 Government facilities systematic commercial, office or
Unit 8 Single-fan fy4we"s mixed use development design or a
Unit-B Ave-family-Awellings combination thereof, providing for
Unit 19 Tbree-farn4ly�s the rational placement of activities,
, vehicular and pedestrian circulation,
A
Uni"2 Offices, -related-sewices access and egress, loading,
Unit 13 Eatingplaees landscaping and buffering strips.
UruN5 tVe.U. . ert�eed shePpinQ
Untt& commercial-recreation-smallsites (d) To encourage commercial
Unit-24 Homeassupatlons development which is consistent
Unit 25 FkofessionaFWfises with the city's General Plan.
Unit26Mufti-famityAwellings (e) To accommodate larger scale
suburban developments of mixed-
uses in a harmonious relationship.
Alpe�mitted uses 'ifenhf d "within
§,162 Use Units of the Unifieif (2) Permitted Uses.
Development Code shall be allowed
ras: Unit-i
as permissible uses unless
otherwise specified, sub/ect to''�City Umt-2 t
Council approval ofthe Planned Ur"t3 W etectaand bxt
Zoning. Disirict.request. Umt a
Un"
(3) Condition. In no instance shall the UUmt-9R"
residential use area be less than fifty-
UniF18
one percent (51 %) of the gross floor Unit 12Offices, studios and related servioes
area within the development. Unit-43
Unit-i4 i Hotel, motel and am _,RPmPnl fn6lWPs
(D) C-PZD, Commercial Planned Zoning District Uait16
Unit-16
0 0
UnA47 Tradesand-seryices
Unit-18 Gaso4ne-sepAGe-stationsanddrive4n (d) To encourage industrial
restaurants development that is consistent with
Unit-1-8 Commercial-recreation,-small-sites the city's General Plan.
Unit-28 Commercial recreation lar sites
Unit-24 Waretausiand-wholesale (2) Permitted Uses.
Unit-24 Home oecu tions
Ur*45 Professional offiees
U -26 Multi-family-dwelli s unit-1
UM-26
Unit-28 I Dance-halls Unit-2 it
uni" R ion and ut My tgn" lips
All permitted uses identified within unit-8 s
Unit-B
§162 Use Units of the Unified L4*40
Development Code shall be allowed Unit 1.2OffiGes, studios and re'aled-seivioes
as permissible uses, unless Uni"Z fiatingyaGes
otherwise specified, subject to City Unit-la Hotel,metol-and- seffvent4am,;bes
Council approval of the Planned Unit t5 Ne ghbomood shopping goods
Zoning District request. Un446 s
Unit-1-7 Trade -^ate- -sem..^-;^es
(3) Conditions. Unit48 Gaso4ne-service-stations-and-dnve4n
restaurants
(a) In no instance shall the commercial Unit-20
or office use area be less than fifty- Un 121
Warehousing and wholesale
one percent (51 %) of the gross UnUmt-Z3
leasable floor area within the Unit-25
development. Unit-26
(b) Residential uses must be Unit 27 (ac;lg',�:;�t~under ^ storage
^
appropriate to the design of the Unit 28 s
project. Un t 8traG lit es emitting odors and faGilifies
handlin"VIO&[ves
(c) Warehousing and light industrial
uses shall have a gross area per All' permitted uses identified within
use that does not exceed five §162 , Use,;, Unitspi, ofF the ,,,Unified
thousand (5,000) square feet and at Development Code , shall be'alloived
least twenty percent (20%) of the as „ 'peiin"issrble, `` _uses,' , unless
floor area used for retail sales. otherwise specified, subject to . City
Council approval of ' the Planned
(E) I-PZD Industrial Planned Zoning District. Zoning District request.
(1 ) Purpose and intent. The I-PZD is (3) Conditions.
intended to accommodate industrial
parks and single use industrial (a) In no instance shall the industrial
developments that are determined to be use area be less than fifty-one
more appropriate for a PZD application percent (51 %) of the gross leasable
than a general industrial rezone. The floor area within the development.
legislative purpose, intent and
application of this district include, but (b) Ancillary commercial and office
are not limited to, the following: uses shall be compatible with the
design and scale of the project.
(a) To provide for manufacturing
activities in a manner compatible (c) Residential uses must be
with the surrounding area. appropriate to the scope and
character of the development.
(b) To encourage the application of
sound planning and design (F) Bulk and area regulations.
principles in the orderly
development of industrial activities. (1 ) Residential density. Residential
densities shall be determined on the
(c) To maximize manufacturing basis of the following considerations:
potential without adversely affecting
the living environment of the (a) The densities of surrounding
community. development;
(3) Building height. There shall be no
(b) the densities allowed under the maximum building height except as may
current zoning; be determined by the Planning
Commission during the review of the
(c) the urban development goals and preliminary development plan based on
other policies of the city's General the uses within the development and the
Plan; proximity of the development to existing
or prospective development on adjacent
(d) the topography and character of the properties. A lesser height may be
natural environment; and established by the Planning
Commission when it is deemed
(e) the impact of a given density on the necessary to provide adequate light and
specific site and adjacent air to adjacent property and to protect
properties. the visual quality of the community.
(2) Lot area and yard requirements. Taking (4) Building area. The Planning
into consideration the unique aspects of Commission shall review specific
each project, preliminary development proposed lot coverages which generally
plans for Planned Zoning Districts shall correspond to the guidelines for lot
conform as closely as possible to the coverage in the respective residential,
existing standards for lot area minimums office, commercial or industrial district
and setback requirements under this which most depicts said development
chapter. scheme.
(Ord. No. 4434, §1 (Ex. A), 11-19-02)
Current Uses identified within §162 of the Unified Development Code.
CHAPTER 162 : USE UNITS
162.01 Establishment/Listing
The various use units referred to in the zoning district provisions are herein listed in numerical order. Within
the use units, the permitted uses are ordinarily listed in alphabetical order. In these use units where there is
a preliminary descriptive statement (which may mention specific uses) in addition to the detailed list of uses,
the detailed list shall govern. The asterisk (') next to a specific use indicates that the use has special
conditions as required by Chapter 163, Use Conditions and Chapter 164 Supplemental Regulations.
Unit 1 City-wide uses by right
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 6 Agriculture
Unit 7 Animal husbandry
Unit 8 Single-family dwellings
Unit 9 Two-familydwellings
Unit 10 Three-family dwellings
Unit 11 Manufactured home park
Unit 12 Offices, studios and related services
Unit 13 Eating laces
Unit 14 Hotel, motel and amusement facilities
Unit 15 Neighborhood 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 21 Warehousing and wholesale
Unit 22 Manufacturing
Unit 23 Heavy industrial
Unit 24 Home occupation
Unit 25 Professional offices
Unit 26 Multi-family dwellings
Unit 27 Wholesale bulk petroleum storage facilities
with underground storage tanks
Unit 28 Center for collecting rec clable materials
Unit 29 Dance halls
E37
Extractive uses
Facilities emitting odors & facilities handling
explosives
Sexuall oriented business
Adult live entertainment dub or bar
Li uor stores
Outdoor music establishments
Wireless communications facilities
Manufactured homes
Clarice Pearman - Ord. 4764 Page 1
From: Clarice Pearman
To: Pate, Jeremy
Subject: Ord. 4764
Jeremy,
Attached is a copy of the ordinance passed by City Council, September 20, 2005 amending 161 .25.
ArkansamiDemocrat 7VOiaziettic
NORTHWEST ARKANSAS EDITION
"Nor^thwestArkawsas' most wider Read Newspaper"
AFFIDAVIT OF PUBLICATION
I , Erin Emisdo solemnly swear that I am the Legal Clerk of the Arkansas
Democrat-Gazette/Northwest Arkansas Times newspaper, printed and
.pub.lished .in Lowell, Arkansas, and that .from .my .ow.n personal .knowledge
and reference to the files of said publication , that advertisement of:
was inserted in the regular editions on
PO#
** Publication Charge : $
Subscribed and swom to before me this
day of 12005.
Ive
Notary .Ptibtic Sharlene D. Williams
Notary Public ORDINANCE NO. 4704
M Commission Ex Ir State of Arkansas AN ORDINANCE AMENDING ALL USE
PLANNED/� ZONING § T USE UNITS O ALL USEFIED DE EN. aye 11LIe
Y P '�pn�iggh�}Ex�frO FlEO INCOD USE UN $ DE TME UNIFlED DEVEL-
OPMEM CODE TO BE MADE AVAILABLE AG PEROctober 18, 2014 M ESVNTIIINALLPLANNEDZONINGDIE AR
** Please do not a from Affidavit. TFICTS
t1BUNfledD�10pnent0adstlea`" se`sforth � gmntlsfmappi �I � tl�Iofe
P Y Zor*Q Distdct, end IndWee epetlAc Wterla for oam NoNty; end
WNERSAS• ostein deslraaO uses are rot aueendy pemtittad uses In any Plamed Zod g Dlsekt: and
An invoice will be sent. "ER A6. ma Of ma goats of TN Plamed Z"V DisWa ordvlanae Is to =Me opporlWry far
mbcad- MMIed development, with appropriate nleaAres in place to emus a Ngh degree of com.
PablAty:
TNEREPORE• BE R ORDAINED By THE CRY CODNCLL OF TME CRT OF FATBTTEYILLA
ARKAMSASt
SOCUon 1: That the Gty Ca of ere GN of FayetteAle. Admrlsae hereby D1Nf16q §151.25 (C.2), (D.2)
end (E.2) TeIwItted Uses' of the UMW Daebpment Code by delodrg ebbe ujoemtana h their
entirety end Wlaclrg them with the fclfo Y g "Liaga:
R) aperrNtted uses penfMed wYtlrh §162 use llNfsW(Ire l/rYlad Der'abpnwnf Cads SABIOs eWwvd
es prmkslole uses, unla¢s oMdrwfse &peopled, WpF; Y fo CIWy CMK#e; pove/of fhb Plod ZoNrg
psakt repass(.
PASSED and APPROVED ft 20th day of September, 2005. 1
APPROVED:
By:
DAN COODY Mayer
ATTEST
BYh . A ,
SONDRA SMRN• Chy Cl
P.O. BOX 1607 • 212 N. EAST AVENUE FAYETTEVILLE, ARKANSAS 72701 • 479-571 -6470
ORDINANCE NO, 4764
AN ORDINANCE AMENDING § 161 .25 PLANNED
ZONING DISTRICT TO ALLOW ALL USE UNITS
IDENTIFIED IN § 162 USE UNITS OF THE UNIFIED
DEVELOPMENT CODE TO BE MADE AVAILABLE AS
PERMITTED USES WITHIN ALL PLANNED ZONING
DISTRICTS
WHEREAS, the Unified Development Code clearly sets forth the grounds for
approval and denial of a Planned Zoning District, and includes specific criteria for
compatibility; and
WHEREAS, certain desirable uses are not currently permitted uses in any Planned
Zoning District; and
WHEREAS, one of the goals of the Planned Zoning District ordinance is to provide
opportunity for mixed-use planned development, with appropriate measures in place to
ensure a high degree of compatibility;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 161 .25 (C.2), (D.2) and (E.2) "Permitted Uses" of the Unified Development Code by
deleting those subsections in their entirety and replacing them with the following language:
(2) All permitted uses identified within §162 Use Units of the
Unified Development Code shall be allowed as permissible
uses, unless otherwise specified, subject to City Council
approval of the Planned Zoning District request.
PASSED and APPROVED this 20th day of September, 2005 .
APPR D:
.a •• G\SY pc p %
�U �• A=
; FAYETTEVILLE ; 3 By.
=�:• •� DAN COODY, Mayor
ATTEST: :ysy RKA* 0000
NSP`:J2
X40664
By:
SONTiTCA SMITH, Crty Clerk