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Home My WebLink AboutOrdinance 4992 ORDINANCE NO, 4992 AN ORDINANCE TO AMEND § 161 . 18 (B)(2).9 § 161 .24 (13)(2) AND § 161 .25 (B)(2) TO MAKE MINI-STORAGE UNITS AND AUTO SALVAGE AND JUNK YARDS CONDITIONAL USES WHEREAS, mini-storage units, auto salvage and junk yards serve important community needs, but can adversely affect nearby property and natural resources without adequate screening, buffering, and other measures that can be required in conditional use permits. NOW, 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 .24 District I-1, Heavy Commercial and Light Industrial (B)(2) Conditional Uses by adding "Unit 38 Mini-storage units" and amends § 161 .25 District I-2, General Industrial (B)(2) Conditional Uses by adding "Unit 38 Mini-storage units and Unit 39 Auto salvage and junk yards." Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby amends § 161 . 18 District C-2, Thoroughfare Commercial (13)(2), by adding "Unit 38 Mini-storage units". `„gnnrn,q�. PASSED and APPROVED this 6'h day of March, 2007. °�(. YJT R ; FAYETTEVILLE • APPROVED: ATTEST: By: By: DA COODY, ayor SON RA E. SMITH, City Clerk/Treasurer / AGENDA REQUEST 3 (� X07 - iia , t8, FOR: COUNCIL MEETING OF MARCH 6, 2007 FROM : KIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend § 161 . 18 (B)(2). § 161 .24 (B)(2) And § 161 .25 (B)(2) To Make Mini-Storage Units And Auto Salvage And Junk Yards Conditional Uses APPROVED F AGENDA: n *L i6 - 67 Kit Williams Date City Attorney MI6 - o Gary umas Date Director of Operations �2 - �� Tim Conklin Date Planning & Development Management Dctor oz. Z , a} erem P t Date or of urrent Planning a Dan Coody Date Mayor FAYETTEVILLE THE CITY OF FAY ETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY ��-- DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council CC : Tim Conklin, Planning & Development Management Director Jeremy Pate, Director of Current Planning FROM: Kit Williams, City Attorney DATE : February 16, 2007 RE : Mini Storage, Auto Salvage and Junk Yards as Conditional Uses On August 15 , 2006, the City Council passed Ordinance No. 4913 (attached) amending § 162.01 and § § 161 . 17, 161 .20 and 161 .21 to make mini-storage units, auto salvage and junk yards conditional uses. This was brought forward by aldermen. Unfortunately when the Planning Department was implementing your decision about the Downtown Master Plan ordinances and decided to reenact the entire Chapter 161 Zoning Regulations in September/October of 2006, it failed to realize you had just amended that Chapter. Ordinance No. 4930 repealed the old Chapter 161 and enacted a new Chapter 161 which failed to include those new changes. Therefore, those changes were unintentionally (but officially) repealed along with the rest of the existing law at that time. We are now presenting the same amendments you passed on August 15, 2006 so the UDC will reflect the City Council's decision to require mini- warehouses and auto salvageand . junk yards to be allowed by conditional use instead of by right. ORDINANCE NO. AN ORDINANCE TO AMEND § 161 . 18 (B)(2). § 161 .24 (13)(2) and § 161 .25 (B)(2) TO MAKE MINI-STORAGE UNITS AND AUTO SALVAGE AND JUNK YARDS CONDITIONAL USES WHEREAS, mini-storage units, auto salvage and junk yards serve important community needs, but can adversely affect nearby property and natural resources without adequate screening, buffering, and other measures that can be required in conditional use permits. NOW, 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 .24 District I-1, Heavy Commercial and Light Industrial (B)(2) Conditional Uses by adding "Unit 38 Mini-storage units" and amends § 161 .25 District I-2, General Industrial (B)(2) Conditional Uses by adding "Unit 38 Mini-storage units and Unit 39 Auto salvage and junk yards." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161 . 18 District C-2, Thoroughfare Commercial (B)(2), by adding "Unit 38 Mini-storage units". PASSED and APPROVED this 6'h day of March, 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer ORDINANCE NO. 4913 AN ORDINANCE TO AMEND § 162.01 (U) AND (W) TO MAKE MINI-STORAGE UNITS AND AUTO SALVAGE AND JUNK YARDS CONDITIONAL USES WHEREAS, mini-storage units, auto salvage and junk yards serve important community needs, but can adversely affect nearby property and natural resources without adequate screening, buffering, and other measures that can be required in conditional use permits. NOW, 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 deletes "Mini-storage units" from § 162.01 (U)(2), deletes "Auto salvage" and "Junk yards" from § 162.01 (W)(2), enacts a new subsection: "(LL) Unit 38 Mini-storage units" and enacts a new subsection "(MM) Unit 39 Auto salvage and junk yards" within § 162.01 of the Unified Development Code. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161 .20 District I-1, Heavy Commercial and Light Industrial (13)(2) Conditional Uses by adding "Unit 38 Mini-storage units" and amends § 161 .21 District I-2, General Industrial (B)(2) Conditional Uses by adding "Unit 38 Mini-storage units and Unit 39 Auto salvage and junk yards." Section 3 : That the City Council of the City of Fayetteville, Arkansas hereby amends § 161 . 17 District C-2, Thoroughfare Commercial (B)(2), by adding "Unit 38 Mini-storage units". ,'111WIFIIIII % \TY p SG '� PASSED and APPROVED this 15dday of August, 2006. ; G ` ••��; ,U • • 1> ? ; FAYETTEVILLE ; APPROVED- ATTEST: y�9 g,�ti3 ' J' :9KANSP.J�'3 y„vGTON By: By. &d-A. DAN COODY, ayor SONDRA SMITH, City Clerk 3. 13.07) Clarice Pearman - Ord. 4992 - _ Page 1 From: Clarice Pearman To: Williams, Kit Date: 3.13.07 4:38 PM Subject: Ord. 4992 Attachments: 4992 Amend 161 . 18 161.24 & 161.25.pdf CC: Audit; Conklin, Tim; Pate, Jeremy Kit: Attached is a copy of the above ordinance passed by City Council, March 6, 2007 amending various sections of 161 of the Code of Ordinances. Please let me know if anything else is needed for this item. Thanks. Clarice Clarice Buffalohead-Pearman, CMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us Arkansas Democrat moazette MILL01allawa:&I Ill al rX.-I Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE : 479-571 -6421 AFFIDAVIT OF PUBLICATION I , Erin Emis, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication , the advertisement of: ORDINANCE NO, 4992 Was inserted in the Regular Editions: March 17, 2007 Publication Charge: $58 . 02 RECEIVED MAR 21. 2007 Subscribed and sworn to bfore me cm OFFAYErrEll This/ day of ! 2007. cmrcLE�csoFFlcE Notary Public ") ' ORDINANCE ND. .4SKI2 AN'ORDINANCE TO AMEND § 161.18.(8)(2) § Ta O STORAGE (Bx2) AND § AUT (SALVAG MAKE MINI- n nt j� �n STORAGE UNITS AND AUTO SALVAGE AND JUNK G G 'Yr G YARDS CONDITIONAL USES r. My Commission Expires: A 1VNEREA3, mini-storage units, auto salvage and KANSAS I iunk.yards serve Important community needs, but ..i ORKANSAS { can adversely affect nearby property and natural resourceswithout adequate screening, buffering, and other measures that can be required In conditional use permits. " {{ r : n• Sharlene D. Williams1 NOIR, THEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF L FAYETTEVILLE, ARKANSAS: , _ Notary Public ; ` Notary Section 1:That the City Council of the Gty of Fayetteville. Arkansas hereby amends § 16134 State of Arkansas f District 1-1, Heavy Commercial and Light Industrial (Bx2) Conditional Uses by adding 'Unil 38 Mini. storage units' and amends § 161.25 District 1-2. General Industrial (B)(2) 6 Conditional Uses by My Commission Expires : adding 'Unit 30. Minf-Storage units and Unit 39 Auto salvage and junk yards;,,, October 18, 2014 ' Section 2: That Ina City Council of the city of Fayetteville, Arkansas hereby amends § 161.18 6 Diship G2, Thoroughfare Commercial (6)(2), by adding -Unh 3B Mini-storage units-, M r „ . 2 PASSED and APPROVED this Stn day of March, 2007. It c:.. _ .. APPROVED. ATTEST. 81^ By. DAN GOODY, at SONDRA E. SMITH, City Clerk/yreacurer +