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HomeMy WebLinkAboutOrdinance 5195 ORDINANCE NO. 5195 AN ORDINANCE AMENDING CHAPTER 162: USE UNITS AND CHAPTER 163 : USE CONDITIONS OF THE UNIFIED DEVELOPMENT CODE TO ADD A CLEAN TECH USE UNIT AND ASSIGN IT TO APPROPRIATE ZONING DISTRICTS. WHEREAS, the City of Fayetteville recognizes that economic development and job creation are high priorities, and WHEREAS, the City of Fayetteville recognizes that many emerging clean technologies are compatible with industrial and commercial types of land use, and WHEREAS, the City of Fayetteville recognizes the importance of encouraging the development of clean technology businesses within the City. 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 the Unified Development Code Chapter 162 : Use Units by adding a clean tech use unit, shown as "Exhibit A" attached hereto and made a part hereof. Section 2: That the City Council of the City of Fayetteville, Arkansas, hereby amends the Unified Development Code Chapter 163 : Use Conditions by adding a clean tech use unit, shown as "Exhibit B" attached hereto and made a part hereof. Section 3 : That the City Council of the City of Fayetteville, Arkansas, hereby amends the Unified Development Code Chapter 161 : Zoning Regulations by adding a clean tech use unit in appropriate zoning districts, shown as "Exhibit C" attached hereto and made a part hereof. PASSED and APPROVED this 6'h day of November, 2008. °°° x ,10 0 0 Its .�`` Y\ITR �:GST Y 0 0 . L APPROVED: ATTEST: ; FAYETTEVILLE ; Cb ; z•, • � kA NS By: AeAzBy: --I1'�I Wy Was i DAN COODY, Mayor SADV,I)INFJ ,61yLI71yblJr"ifdyfflWU/Wa'sGtdr/ Deputy City Clerk "Exhibit A" ADM 08-3100 Chapter 162: Use Units is amended by adding a new use unit for clean technologies. (00) Unit 42. Clean Technologies. ( I ) Description. Unit 42 consists of uses that fabricate or produce goods and services that greatly reduce or eliminate negative environmental impacts, create new technologies or improve the productive and responsible use of natural resources. Alternative Energy •Wind Fabrication and •Solar Storage Components: *Fuel cells •Batteries *Hybrid systems Fabrication or •Nano Technologies Production of •Solar panels Materials: •Computer components, such as microchips •Advanced packaging Research and *Monitoring and Development: control systems •Energy infrastructure management •Energy efficiency management •Materials and recycling management •Transportation logistics *Environmental cleanup and safety *Scientific or high tech research laboratories "Exhibit B" ADM 08-3100 Chapter 163: Use Conditions is amended by adding a Clean Technologies section. 163. 16 Clean Technologies (A) Clean Technologies. Clean Technologies shall be a conditional use in all Agricultural, Residential-Office, Commercial and Institutional districts subject to the following conditions: ( 1 ) Low volume large truck traffic. The Planning Commission shall determine that the intended use creates no greater amount of large truck traffic than what is typically generated with similar uses within the designated zoning district, for example food and beverage delivery to restaurants and bars. (2) Nuisance. The Planning Commission shall determine that the intended use does not result in the production of offensive noise, vibration, dust, smoke, noxious odors or other such nuisance that would be detrimental to adjoining or surrounding uses. "Exhibit C" ADM 08 - 3100 Chapter 161 : Zoning Districts is amended by adding the Clean Tech Use Unit as permitted and conditional uses in appropriate zoning districts. Use Unit 42 — Clean Technologies would be allowed as a Use by Right in the following Zoning Districts: 161 .24 District I- 1 , Heavy Commercial and Light Industrial 161 .25 District I-2, General Industrial Use Unit 42 — Clean Technologies would be allowed as a Conditional Use in the following Zoning Districts: 161 . 03 District R-A, Residential-Agricultural 161 . 16 District R-O, Residential Office 161 . 17 District C- 1 , Neighborhood Commercial 161 . 18 District C-2, Thoroughfare Commercial 161 . 19 District C-3, Central Commercial 161 .20 Downtown Core 161 .21 Main Street/Center 161 .26 District P- 1 , Institutional City of Fayetteville Staff Review Form City Council Agenda Items S�� s and Yfl' w " Contracts, Leases or Agreements r 11root City Councilil Meeting Date Agenda Items Only l Leif Olson Planning Operations Submitted By Division Department Action Required: ADM 08-3100): (Clean Tech Use Unit): Submitted by PLANNING STAFF to amend Chapter 161 : Zoning Regulations, Chapter 162: Use Units and Chapter 163: Use Condtions of the Unified Development Code to add a Clean Tech Use Unit and to assign it to appropriate zoning districts. Cost of this request Category / Project Budget Program Category / Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached ` )- (1 ' 0 v Previous Ordinance or Resolution # Department irector Date is Original Contract Date: ti-- V 10 f 7- Original Contract Number: City Attorney Date Received in City 10 - 0 -02 Clerk's Office /D�j/7,0 )0 Finance a Internal Service Director Date Mayor's Office in ffice Mayor Date Comments: Revised April 16, 2007 City Council Meeting of November 4, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To : Mayor and City Council Thru : Gary Dumas. Director of Operations Karen Minkel, Interim Director of Long Range Planning From : Leif Olson, Long Range Planner Date: October 16, 2008 Subject: ADM 08-3100 (Clean Technology Use Unit) Approval of an ordinance to adopt a Clean Tech Use Unit by amending Chapter 161 : Zoning Districts, Chapter 162 : Use Units and Chapter 163 : Use Conditions and of the Unified Development Code. RECOMMENDATION Staff recommends approval of an ordinance amending the Unified Development Code to adopt a Clean Tech Use unit and assign it to appropriate zoning districts. BACKGROUND Planning Staff has determined that there is a need for a clean technologies use unit in order to allow these types of businesses to locate in appropriate commercial and industrial zoning districts. Clean technologies are defined as businesses that create and/or produce goods and services that greatly reduce or eliminate negative environmental impacts such as wind, solar or fuel cell technologies. Clean technologies are also engaged in research and development of these types of products or services. In many instances, the impact of laboratory or fabrication components of clean technologies is minimal . Clean technologies would ideally produce no greater amount of noise, smoke, truck traffic, etc. than a comparable commercial use such as a restaurant or retail business. The Planning Commission will conduct public hearings and issue conditional use permits for clean technologies located in areas that are not zoned industrial . Planning Staff proposes that the clean tech use unit be allowed by right in the I- 1 and 1-2 industrial zoning districts and as a conditional use in the R-A, R-O, C-1 , C-27 C-3 , Downtown Core, Main Street Center and P- 1 Institutional zoning districts. The Planning Commission forwarded this item to the City Council at its September 26, 2008 meeting by a vote of 7-0-0 with a recommendation for approval . BUDGET IMPACT None ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 162 : USE UNITS AND CHAPTER 163 : USE CONDITIONS OF THE UNIFIED DEVELOPMENT CODE TO ADD A CLEAN TECH USE UNIT AND ASSIGN IT TO APPROPRIATE ZONING DISTRICTS . WHEREAS, the City of Fayetteville recognizes that economic development and job creation are high priorities, and WHEREAS, the City of Fayetteville recognizes that many emerging clean technologies are compatible with industrial and commercial types of land use, and WHEREAS, the City of Fayetteville recognizes the importance of encouraging the development of clean technology businesses within the City. 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 the Unified Development Code Chapter 162: Use Units by adding a clean tech use unit, shown as "Exhibit A" attached hereto and made a part hereof. Section 2 : That the City Council of the City of Fayetteville, Arkansas, hereby amends the Unified Development Code Chapter 163 : Use Conditions by adding a clean tech use unit, shown as "Exhibit B" attached hereto and made a part hereof. Section 3 : That the City Council of the City of Fayetteville, Arkansas, hereby amends the Unified Development Code Chapter 161 : Zoning Regulations by adding a clean tech use unit in appropriate zoning districts, shown as "Exhibit C" attached hereto and made a part hereof. PASSED and APPROVED this day of 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer "Exhibit A" ADM 08-3100 Chapter 162: Use Units is amended by adding a new use unit for clean technologies. (00) Unit 42. Clean Technologies. ( 1 ) Description. Unit 42 consists of uses that fabricate or produce goods and services that greatly reduce or eliminate negative environmental impacts, create new technologies or improve the productive and responsible use of natural resources. Alternative Energy *Wind Fabrication and *Solar Storage Components: *Fuel cells •Batteries •H brid systems Fabrication or *Nano Technologies Production of *Solar panels Materials: •Computer components, such as microchips •Advancedpackaging Research and *Monitoring and Development: control systems *Energy infrastructure management *Energy efficiency management *Materials and recycling management *Transportation logistics *Environmental cleanup and safety •Scientific or high tech research laboratories "Exhibit B" ADM 08-3100 Chapter 163: Use Conditions is amended by adding a Clean Technologies section. 163.16 Clean Technologies (A) Clean Technologies. Clean Technologies shall be a conditional use in all Agricultural, Residential-Office, Commercial and Institutional districts subject to the following conditions: ( 1 ) Low volume large tnrck traffic. The Planning Commission shall determine that the intended use creates no greater amount of large truck traffic than what is typically generated with similar uses within the designated zoning district, for example food and beverage delivery to restaurants and bars. (2) Nuisance. The Planning Commission shall determine that the intended use does not result in the production of offensive noise, vibration, dust, smoke, noxious odors or other such nuisance that would be detrimental to adjoining or surrounding uses. "Exhibit C" ADM 08 - 3100 Chapter 161 : Zoning Districts is amended by adding the Clean Tech Use Unit as permitted and conditional uses in appropriate zoning districts. Use Unit 42 — Clean Technologies would be allowed as a Use by Right in the following Zoning Districts: 161 .24 District ]-I , Heavy Commercial and Light Industrial 161 .25 District 1-2, General Industrial Use Unit 42 — Clean Technologies would be allowed as a Conditional Use in the following Zoning Districts : 161 . 03 District R-A, Residential-Agricultural 161 . 16 District R-0, Residential Office 161 . 17 District C- 1 , Neighborhood Commercial 161 . 18 District C-2, Thoroughfare Commercial 161 . 19 District C-3, Central Commercial 161 .20 Downtown Core 161 .21 Main Street/Center 161 .26 District P- 1 , Institutional Planning Cononission .September 22, 2008 Page 26 of16 ADM 08-3100 : (UDC AMENDMENT CH. 112, CLEAN TECH . USE UNIT): Submitted by Planning Staff. An ordinance to amend Chapter 162 : Use Units and Chapter 163 : Use Conditions of the Unified Development Code in order to create a Clean Technology Use Unit. The Clean Technology Use Unit will be allowed as a use by right or as a conditional use in industrial and commercial zoning districts. Jeremy Pate, Director of Current Planning, gave the staff report, describing the purpose of the clean tech use unit, which would be allowed in industrial districts by right, and various commercial and mixed-use districts by conditional use pen-nit. No public comment was received. Commissioner Lack stated it was a very well-received addition to the UDC. A lot of companies will have the willingness and opportunity to move here because of this ordinance. I do have some concerns: 1 ) ability to quantify huge volumes of truck traffic, 2) odors, dust, smoke, noise. I am concerned about the things that are not quantifiable. I am also concerned about public interaction nature of our buildings in downtown, especially. These uses are typically more closed in, with labs, etc than retail . 1 dont want to create possibility of a faceless storefront. Pate discussed that the Commission is often called upon to do just what Commissioner Lack mentioned, to make decisions on items that are quantifiable. As we have discussed previously, the Conditional Use Permit process looks at compatibility and appropriateness of use, which can not be easily quantified. Staff would require information to be submitted by the applicant to understand the amount and impact of truck traffic, noise, etc. and make an educated and informed recommendation to the Commission to decide. It would not be one person, but 9 persons that decide this issue. Commissioner Cabe stated he had some of the same concerns, but took comfort in the fact that there are a lot of us up here, not just one person making the decision. I feel confident we as a group can make those decisions. Motion : Commissioner Cabe made a motion to forward the request to the City Council with a recommendation of approval . Commissioner Anthes seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. All business being concluded, the meeting was adjourned at 9:59 PM. �l Page 1 of 1 Clarice Pearman - Ord . 5192 From: Clarice Pearman To: Olson, Leif Date: 11 . 13.08 3:52 PM Subject: Ord. 5192 CC: Audit Attachments: Audit Lief: Attached is a copy of the above ordinance passed by the City Council amending Chapter 162 and Chapter 163. Please let me know if there is anything else needed for this item. Have a good day. Thanks. Clarice file:HC:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\491 C4D22F. . . 11 . 13 .08