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HomeMy WebLinkAboutOrdinance 4943 • 1 r ORDINANCE NO, 4943 AN ORDINANCE AMENDING CHAPTER 161 , ZONING REGULATIONS, SECTION 161 . 15 B.2 OF THE CODE OF FAYETTEVILLE, TO ADD USE UNIT 15, NEIGHBORHOOD SHOPPING GOODS AS A CONDITIONAL USE TO 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ARKANSAS: Section 1 : That Chapter 161 : Zoning Regulations, § 161 . 15 , B.2, of the Code of Fayetteville, is hereby repealed and Exhibit "A" is inserted in its stead. ```Hanunrhgry See Exhibit "A" attached hereto and made a part hereof. `�`�ERa { (,L',., `O LU • ?0 y*Z 01:z3 PASSED and APPROVED this 7`h day of November, 2006. ¢• � , < Q° 5 APPROVED: ATTEST: ° � • ° •�,P` lrr111111111 By: / BY DAN COODY, Mayor SONDRA SMITH, City Clerk EXHIBIT "A" ADM 06-2294 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 Unit5 Government facilities Unit 8 Sin le-fami dwellings Unit 9 Two-family 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 Unit 11 Manufactured home park Unit 13 Eating laces Unit 15 Neighborhood shopping oods 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 more 8 000 5 . ft. LFraternity or Sorority 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 1 4 to 24 (E) Setback regulations. Front 30 ft. Front, if parking is allowed between the right- 50 ft. of-way and the building Front in the Hillside/Hilltop Overlay District 15 ft. Side 10 ft. Side, when oonti uous to a residential district 15 ft. � Side, in the Hillside/Hilltop Overlay District 8 ft Rear, without easement or alley 25 ft. Rear, from center line of public aIle 10 ft. Rear in the HillsidelHillto Overlay District 15 ft. (F) Height regulations. There shall be no maximum height limits in R-0 Districts except for the HHOD, provided, however, that any building that 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. In the Hillside/Hilltop Overlay District the maximum building height is 60 ft. as measured from the lowest point of the structure at the historic grade, prior to development, to the highest point of the structure allowing 3 stories on the uphill side and 4 stories on the downhill side of the building. If the building is placed on a graded pad then the height of the building is reduced allowing a maximum of 3 stories as measured from the historic grade, pre-development. (G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. City of Fayetteville 111 -710 -7 V&7913// ' /o '`fg51.i Staff Review Form � /G913 City Council Agenda Items or 13o OZ Contracts 7-Nov-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: ADM 06-2294 (Use Unit 15/11-0) Approval of an ordinance amendment to the Unified Development Code to allow Use Unit 15, Neighborhood shopping, as a conditional use in the R-O, Residential Office zoning district $0.00 n/a n/a i I Cost of this request Category/Project Budget Program Category ! Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Q Previous Ordinance or Resolution # n/a ID " (3 . ol0 Department birec f Date Original Contract Date: n/a Original Contract Number: n/a 3 - 06 ey © p Received ' MWor 's Office Finance and Internal Service Director Date Received in Mayor's Office FJITERFD Mayor Date Comments: City Council Meeting of November 07, 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: October 11 , 2006 Subject: AMENDMENT TO CHAPTER161 . 15 (B.2.) RECOMMENDATION Planning Staff recommends approval to amend the Unified Development Code Section 161 . 15 (B.2.), District R-O, Residential Office to add Use Unit 15, Neighborhood shopping goods as a conditional use. BACKGROUND Use Unit 15 : Neighborhood shopping goods, is a use that, is allowed by right in the C- 1 , C-2, C-3 and C-4 zoning districts. It is also permitted by ight in all of the -Downtown Zoning Code districts recently approved by the City Council, with the exception of Neighborhood Conservation. This use consists of a variety of convenience goods and services that are grouped or distributed in areas to provide convenience of access for surrounding neighborhoods, including but not limited to bakeries, dry cleaners, drugstores, florists, barber/beauty shops, video rental, etc. Staff recommends allowing this use in the R-O district with a conditional use permit, for the Planning Commission to address any potential impacts to surrounding residential districts such as hours of operation, delivery times, noise, etc. Along with the goals of the recently adopted CityPlan 2025, a mixture of appropriate uses near to and serving residential areas is desirable, when designed and situated with the surrounding neighborhoods in mind. DISCUSSION This item was heard at the regular Planning Commission on October 09, 2006,. 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 . 15 B.2 OF THE CODE OF FAYETTEVILLE, TO ADD USE UNIT 15, NEIGHBORHOOD SHOPPING GOODS AS A CONDITIONAL USE TO 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 Regufl titio §N161HF,.-B.2. of the Code of Fayetteville, is hereby repealed and Exhibit "A" is inserted in its stead: See Exhibit "A" attached hereto and made a part hereo PASSED AND APPROVED this ay of 92006. APP OVED: r By: D''Al COODY, Mayor By: SONDRA SMITH, ity Clerk h` EXHIBIT "A" ADM 06-2294 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 Govemment facilities Unit Single-family dwellings . Unit Two-family dwellings _ Unit 12 Offices, studios and related services Unit 25 Professional offices (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and uti ity facilities Unit4 Cultural and recreational facilities Unit 11 Manufactured home park Unit 13 Eating laces Unit 15 Neighborhood shopping oo& Unit 24 Home occupations Unit26 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. Sin l -family 6,000 sq. ft. Two-family 6,500 sq. ft. Three or more 8,000 s . ft. - Fratemty or Sorority 1 acre r (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 right- 50 ft. of-way and the building Front, in the Hillside/Hilltop Overlay District 15 ft. Side 10 ft. Side, when contiguous to a residential district 15 ft. Side, in the HillsideArlilltop Overlay District 8 ft Rear, without easement or alley 25 ft. Rear, from center line of ublic aIle 10 ft. Rear, in the HillsideMillto Overla District 15 R (F) Height regulations. There shall be no maximum height limits in R-O Districts except for the HHOD, provided, however, that any building that 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. In the Hillside/Hilltop Overlay District the maximum building height is 60 ft. as measured from the lowest point of the structure at the historic grade, prior to development, to the highest point of the structure allowing 3 stories on the uphill side and 4 stories on the downhill side of the building. If the building is placed on a graded pad then the height of the building is reduced allowing a maximum of 3 stories as measured from the historic grade, pre-development. (G) Building area. On any lot, the area occupied by all buildings.shall not-exceed 60% of the total . , area of such lot. Tayeit O `�- PC Meeting of October 09, 2006 ARKANSAS T'1-1E CITY OF PAYITTEV11_ LE . ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jeremy Pate, Director of Current Planning DATE: October 02, 2006 ADM 06-2294: Administrative Item: (USE UNITS): The request is to add Use Unit # 15, Neighborhood shopping goods, within the R-O, Residential Office zoning district as a Conditional Use Permit, amending the Unified Development Code. Amendment to Chapter 161 "Zoning Regulations" of the Unified Development Code, Section 161 .15, District R-O, Residential Office to include Use Unit #15, Neighborhood shopping goods as a conditional use within the zoning district. PLANNING COMMISSION ACTION: 7� �mred YES Q Approved ❑ Denied Date: October 09, 2006 CITY COUNCIL ACTION: RequiredYES . ❑ Approved ❑ Denied Date: November 07, 2006 RECOMMENDATION: Planning Staff recommends approval to amend the Unified Development Code Section 161 . 15 (B.2) District R-0, Residential Office to include Use Unit #15, Neighborhood shopping goods as a conditional use. . This use is currently only allowed within the existing commercial zoning districts, C- 1 , Neighborhood Commercial, C-2, Thoroughfare Commercial, C-3, Central Commercial and C-4. Downtown, all as a permitted use by right. Neighborhood shopping goods is not currently allowed as a conditional use in any zoning district. Use Unit # 15, Neighborhood shopping goods, is described as the following: Unit 15 includes a variety offi•equently purchased commercial goods, where convenience of location is more important than comparative shopping. These uses are grouped in limited areas while prohibiting all others not necessary near the residential areas. In a review of the uses found within this zoning district, and the goals of the recently adopted CityPlan 2025, a mixture of appropriate uses near to and serving residential areas is desirable, when designed and situated with the surrounding neighborhood in mind. Staff finds that including this use as a Conditional Use affords the Planning Commission the ability to ensure that the surrounding neighborhood has an opportunity to participate in how a proposed use is implemented in Residential-Office type environments, much as the Planning Commission currently reviews eating places (Use U nit # 13) as a conditional use in the R-O district. There are also several Residential-Office areas within the City of Fayetteville where many citizens are employed in office environments but do not have the ability to conduct everyday business (dry cleaning, bookstore,`picture framing, pet shop, tailor, video rental, barber, bakery, grocery, etc) without driving to a commercial establishment, thus increasing congestion at peak periods of the day. Staff finds that including these uses as an option, subject to approval by the Planning Commission, a more mixed-use environment can be achieved, where it is appropriate. This does not result in all R-O zoning districts being appropriate for these uses; rather, by allowing an applicant to apply for a conditional use permit for the proposed neighborhood shopping use in an R-O zoning district, issues such as delivery times, hours of operation, compatibility with the neighborhood, ingress/egress, refuse and service, screening and buffering, etc. can be considered and addressed. Use Unit # 15, Neighborhood shopping goods, currently includes the following uses: Retail Trade Leather goods and Apparel and a cessory luggage Bicycle shop News and magazine stand Bookstores Optical goods Camera shop Petshop Cellular telephones and Picture framing, retail accessories Radio and television store Clothing Record, tape, and cd shop Drugstore Service establishment: *Dry cleaning Florists •Barber and beauty Food: •Bakery shop (6 or fewer •Food specialty stores chairs) •Dairy products •Laundry *Grocery Shoe *Supermarkets Sporting goods *Delicatessen Stationary store *Health food store Tailoring Home furniture store Toy shop Jewelry Video rental store Hardware store Hobby shop Laundry-coin operated 1 The existing R-O, Residential Office zoning district, currently includes the following uses: 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 Govemment facilities Unit 8 Single-fa ildwellings Unit 9 Two-family dwellings Unit 12 Offices, studios and related services Unit 25 Professional offices (2) Conditional uses. Unit 2. City-wide 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-familydwellings Unit 36 Wireless communications facilities Please Read, thanks ! ! Page 1 of 1 Daniel Hintz From: Sonia Guti 6 rrez [sonia@newdesigncenter.org) Sent: Tuesday, November 07, 2006 5:39 PM To: Lesha Shaver; Daniel Hintz; Doug Walsh Subject: Please Read, thanks! ! In Regard to : 4. ADM 06-2294 Amend Chapter 161, Zoning Regulations : An ordinance amending Chapter 161 , Zoning Regulations, Section 161 . 15 B. 2 of the Code of Fayetteville, to add Use Unit 15, Neighborhood Shopping Goods as a conditional use to the R-0, Residential Office Zoning District. Please read the following : As small businesses of the creative and educational sectors in downtown Fayetteville we support this ordinance. We feel it will promote, support and diversify the creative and educational offerings for Fayetteville and Northwest Arkansas. One of the reasons we support this is that it lays the groundwork for individuals in small-scale creative business endeavors — such as, artists living and working in the same space. Regarding the signage regulations we feel it will also help set the stage for developing identities of the various forming districts, including our Mill District, by orienting locals and visitors to the unique resources that we contribute to the community. Through this ordinance and the continued support of Fayetteville Downtown Partners (and the CADI?) we feel that these efforts will continue to encourage, retain and nourish its creative class. Together lets continue the momentum that Fayetteville is a destination and supporter of creative and educational resources. On behalf of: Sonia Gutierrez, New Design Center Lesha Shaver, Little Mountain Bindery 11 -07-06 11/7/2006