HomeMy WebLinkAboutOrdinance 4946 ORDINANCE NO, 4946
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT
CODE OF THE CODE OF FAYETTEVILLE TO AMEND VARIOUS
SECTIONS OF THE CODE IN ORDER TO IMPLEMENT THE
SUPPLEMENTARY DISTRICT .REGULATIONS FOR THE DOWNTOWN
MASTER PLAN AREA.
WHEREAS, the City of Fayetteville recognizes the unique and significant role that the
downtown area plays in the vitality of the City And the region; and
WHEREAS, the City of Fayetteville has determined that street activities should be encouraged;
and
WHEREAS, the City of Fayetteville recognizes that street activities should be regulated by the
City in order to ensure that access to the public right of way is safe.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That Chapter 151 Definitions is amended by inserting an artist live/work unit into
Section § 151 .01 Definitions, a copy of which marked Exhibit "A" is attached hereto and made a part
hereof.
Section 2: That Chapter 162 Use Units is amended by inserting a use unit for Sidewalk Cafes in
Section § 162.01 , a copy of which marked Exhibit `B" is attached hereto and made a part hereof.
Section 3: That Chapter 163 Use Conditions is amended by inserting Section § 163 . 19 Transit
System Shelters, a copy of which marked Exhibit "C" is attached hereto and made a part hereof.
Section 4: That Chapter 171 Street and Sidewalks is amended by inserting Taxi Stands in Section
§ 171 .01 Miscellaneous Provisions, a copy of which is marked Exhibit "D" is attached hereto and made a
part hereof.
Section 5: That Chapter 178: Sidewalk Cafes is adopted and added to the Unified Development
Code, a copy of which is marked Exhibit "F" is attached hereto and made a part hereof.
PASSED and APPROVED this 21 ' day of November, 2006. _A\�G;GX1Y p00sGfj
APPROVED: ATTEST: =Vo • ' � '
L ; FAYETTEVILLE ;
By: By: y� %9Sy9RkANSP�J�','
DA COOD , Mayor SONDRA SMITH, City Clerk �GTON Gia`
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EXHIBIT "A"
To be inserted in Chapter 151 Definitions:
§151 .01 Definitions.
Artist studio. (Zoning) Any building or place of business where Artists use the premises for creating art or
craftwork and/or display and sales of merchandise. The Artist shall also be permitted to reside on the
premises as long as the structure meets all applicable residential building codes.
Imo.....- , _5•q,�p3 . .
EXHIBIT "B"
To be inserted in Chapter 161 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 Cultural and recreational facilities
Unit 5 Government facilities
Unit 6 Agriculture
Unit 7 Animal husbandry
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
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 recyclable materials
Unit 29 Dance halls
Unit 30 Extractive uses
Unit 31 Facilities emitting odors & facilities handling
explosives
Unit 32 Sexually oriented business
Unit 33 Adult live entertainment club or bar
Unit 34 Liquor stores
Unit 35 Outdoor music establishments
Unit 36 Wireless communications facilities
Unit 37 Manufactured homes
Unit 38 Mini storage units
Unit 39 Auto salvage and junk yards
Unit 40 Sidewalk Cafes
(NN) Unit 40. Sidewalk Cafes.
(1) Description. Unit 40 is provided in order that sidewalk cafes may be located in appropriate
commercial areas.
(2) Included uses.
Sidewalk Cafes
i
EXHIBIT "C"
To be inserted in Chapter 163 Use Conditions:
164.19 Transit System Shelters
(A) Intens. Transit System Operators may apply
for a conditional use permit to allow for the (a) The improvement or facility will
location of bus shelters in the right of way of not be located, extend onto, or
public streets subject to the following intrude on the roadway or the
conditions and requirements. sidewalk to such an extent as to
impede the area needed for
(1) Requirements for locating, constructing vehicular traffic or pedestrian
and maintaining a transit system bus use.
shelter are as follows;
(b) The improvement or facility will
(a) The bus shelter conditional use not create a hazardous condition
permit application shall require a or obstruction of vehicular or
site plan illustrating the location pedestrian travel on the street or
and dimensions of the proposed sidewalk.
structure, the street right of ways
and any existing utility (c) The design and location of the
easements. facility includes all reasonable
planning to minimize the
(b) The City may require that the potential for injury or
transit system provide a cash or interference to the public in the
security bond in an amount use of the municipal street or
approved by the City sufficient to sidewalk.
cover the cost of removing the
transit systems facilities or (3) Additional bus shelter elements may be
improvements. required to be installed and maintained
by the Transit System Operator. These
(c) The City may require that the may include but shall not be limited to:
transit system provide a
provision authorizing the City to (a) A concrete pad on which to locate
remove, without liability, any the shelter and accompanying
part of a facility for which a street furniture.
permit has been issued if there is
a lawful need for the site or for (b) Pedestrian scaled street lighting
access to the site. meeting the requirements of
Chapter 176 of the Unified
(d) The City may require the transit Development Code of the City of
system to provide public liability Fayetteville (Outdoor Lighting
insurance. Ordinance).
(e) The City may require that the (c) An integrated or detached
transit system provide and pay "wayfinding totem" to identify
for any necessary or essential location and bus routes.
traffic and safety studies.
(4) Signage. Only signage denoting the bus stop
(2) The Planning Commission may issue a location, or language associated with city
bus shelter conditional use permit based wayfinding shall be allowed on bus shelter
on the following findings; structures.
EXHIBIT "D"
To he inserted in Chapter 171 Use Units:
(a) The City Council may establish taxi
171 .01 Miscellaneous Provisions stands on portions of public streets or
facilities or private areas if permitted
(E) Ta-vi Stands. Taxi stand shall mean such by the owner.
portion or portions of the public street or
highway designated by the City Council of the (b) The establishment, enlargement,
City of Fayetteville as a place in which taxis or removal of a taxi stand shall be by
may stand or park. City Council Resolution after a public
hearing. Adjoining property owners
(1) No unattended parking allowed. A taxi within the block of the street or
must remain attended by its driver and abutting the parking lot in which the
ready for service while located within : a taxi stand is proposed shall be
taxi stand. notified by mail by the Planning
Division and a planning notification
(2) City Council Establishment of Taxi sign shall be placed near the taxi
Stands: stand location two weeks before the
public hearing at City Council.
}
EXHIBIT "F"
Chapter / 78 — Sidewalk Cafes:
178.01 Purpose A requirement that the owner provide the City
with a cash or surety bond sufficient to cover the
Public right-of-ways are designed for free and cost to the City or a public utility to remove the
unobstructed travel. However, the City of sidewalk calk, if necessary.
Fayetteville recognizes that the Downtown Master
Plan Area is unique and that certain public A requirement that the owner pay the cost to
amenities are not inconsistent with the underlying relocate a City or public utility facility or
dedication for the public right-of-way, as long as improvement in a public street in connection with
they do not impede travel or interfere with the the installation of the sidewalk cafk.
public safety. This policy is designed to encourage
and promote outdoor dining in the Downtown Authorization for the City or a public utility to
Master Plan Area and elsewhere in order to remove, without liability, part of the sidewalk calk
encourage pedestrian activity and make the urban if necessary to obtain access to a City or public
environment more attractive. utility facility or improvement.
178.02 Definition 178.04 Requirements
A sidewalk calk is an outdoor dining area not Sidewalk cafks shall meet the following
enclosed by a fence or other visual barriers in requirements as well as all conditions of approval
excess of 36 inches in height, is placed on a public which may limit hours and dates of operation,
right-of-way and contains removable tables, whether or not smoking will be permitted, and
chairs, planters or other appurtenances and is any additional conditions reasonably appropriate:
abutting/contiguous to a restaurant that performs
food preparation, sanitation, and related services Applicants requesting a conditional use permit
for the sidewalk cafk. ' must provide a detailed site plan illustrating the
location and dimensions of all furniture to be
W placed in the public right-of-way. Sidewalk cafes
may not be enclosed by walls or permanent
_ structures.
• Elements of a Quality Outdoor Seating Area
' � '• •. . 5{L L dka s Sid: Seaev/ n � � �•
178.03 Authorization
The Planning Commission may issue a-conditional
use permit establishing and maintaining a
sidewalk calk on a part of a sidewalk.
The City of Fayetteville shall issue conditional use
permit criteria and requirements under this r
chapter including:
Those necessary to protect public use of a street or � Z 1
a public utility company.
Temporary barrier fence.
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City, of Fayetteville • /14 f
Staff Review Form
City Council Agenda Items
or
Contract
City Council Meeting Date
Leif Olson Planning Operations
Submitted By Division Department
Action Required:
ADM 06 -2324 (DMP Supplementary Regulations: sidewalk cafes, transit shelters, taxi stands, downtown cross street and pole
banners. artist live work units) Approval of an ordinance amending the Unified Development Code to codify regulations for
uses and functions that typically occur within the public right-of-way.
$0.00 n/a n/a
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 Cate o Name
n/a n/a n/a
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached O
0 ^ o r O Previous Ordinance or Resolution # n/a
Department Jirec o Date Original Contract Date: n/a
Original Contract Number: n/a
/6 l2c - aG
City A
10 . 23 -06 Received in Cilf Clerk's Okice
Finance nd Internal Service Director Date
Received in Mayor's Office
Fl11ERE0
Mayor Date
Comments:
City Council Meeting of November 07, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Tim Conklin, Planning and Development Management Director
From: Leif Olson, Long Range Planner
Date: October 17, 2006
Subject: Amendments to the UDC to regulate sidewalk cafes, transit system shelters,
taxi stands, cross street and light pole banners, and artist live work units.
RECOMMENDATION
Planning Staff recommends approval of an ordinance amending the Unified Development
Code to codify regulations for uses and functions that typically occur within the public
right-of-way.
BACKGROUND
The City Council approved the Downtown Master Plan Zoning Code and Map on
October 3, 2006. The downtown zoning code will regulate the building use, form and
placement within the urban setting. An additional set of regulations is needed in order to
ensure an orderly use of the public right-of-way in the downtown area. The following
proposed amendments to the Unified Development Code will create standards for the
placement of sidewalk cafes, transit sysiem shelters and taxi stands in the public right of
way. Additionally, amendments are proposed to the sign ordinance to regulate the
placement and content of cross street and light pole banners. A definition of an artist live
work unit is proposed to allow for mixed use artist space in zoning districts where Use
Unit 12 — Offices, studios and related services, are allowed.
DISCUSSION
This ordinance was discussed at a meeting of the City Council Ordinance Review
Committee on September 28, 2006. Lacking a quorum the Ordinance Review Committee
generally agreed that the ordinance should be considered by the full City Council,
BUDGET IMPACT
None
77� I
ORDINANCE NO,
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CODE OF FAYETTEVILLE TO
AMEND VARIOUS SECTIONS OF THE CODE IN ORDER TO
IMPLEMENT THE SUPPLEMENTARY DISTRICT REGULATIONS
FOR THE DOWNTOWN MASTER PLAN AREA.
WHEREAS, the City of Fayetteville recognizes the unique and significant role that the
downtown area plays in the vitality of the City and the region; and
WHEREAS, the City of Fayetteville has determined that street activities should be
encouraged; and
WHEREAS, the City of Fayetteville recognizes that street activities should be regulated
by the City in order to ensure that access to the public right of way is safe.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That Chapter 151 Definitions is amended by inserting an artist live/work unit
into Section § 151 .01 Definitions, a copy of which marked Exhibit "A" is attached hereto and
made a part hereof.
Section 2 : That Chapter 162 Use Units is amended by inserting a use unit for Sidewalk
Cafes in Section § 162.01 , a copy of which marked Exhibit `B" is attached hereto and made a
part hereof.
Section 3 : That Chapter 163 Use Conditions is amended by inserting Section § 163. 19
Transit System Shelters, a copy of which marked Exhibit "C" is attached hereto and made a part
hereof.
Section 4: That Chapter 171 Street and Sidewalks is amended by inserting Taxi Stands in
Section § 171 .01 Miscellaneous Provisions, a copy of which is marked Exhibit "D" is attached
hereto and made a part hereof.
Section 5 : That Chapter 174 Signs is amended by inserting Wayfinding Kiosks and
Cross Street Banners in Section § 174. 13 Downtown Master Plan Area, a copy of which is
marked Exhibit "E" is attached hereto and made a part hereof.
Section 6: That Chapter 178 : Sidewalk Cafes is adopted and added to the Unified
Development Code, a copy of which is marked Exhibit "F" is attached hereto and made a part
hereof.
PASSED and APPROVED this 2151 day of November, 2006.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
To be inserted in Chapter 151 Definitions:
§151.01 Definitions.
Artist studio. (Zoning) Any building or place of business where Artists use the premises for creating art or
craftwork and/or display and sales of merchandise. The Artist shall also be permitted to reside on the
premises as long as the structure meets all applicable residential building codes.
